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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Anno 25o Georgii Secundi.
DIE Jovis, 14o Novembris, 1751.
DIE Jovis, 14o Novembris, 1751, Annoque Regni Serenissimi Domini Nostri Georgii Secundi, Dei Gratia, Magnæ Britanniæ, Franciæ, et Hib'niæ Regis, Fider Defensoris, &c Vicesimo Quinto, in quem Diem hæc Quinta Sessio Parliamenti, per separales Prorogationes, continuata fuerat, in Superior Domo Parliamenti Magnæ Britanniæ apud Westmonanster. 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 by His Officers of State, the Duke of Cumberland (in his Robes) sitting in his Place on His Majesty's Left 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"
His Majesty's Speech.
"It is with great Satisfaction that I meet you in Parliament at this Time, when the Continuance of the Publick Tranquillity and the flourishing Condition of My Kingdoms leave us nothing to desire, but to secure and improve our present Situation To this End all My Views and Measures have been directed, both at Home and Abroad, and in this State of Things, nothing can give Me more real Pleasure, than to observe those solid Advantages which My good Subjects reap from it in their Trade and Manufactures, some Branches whereof have also received considerable Benefit from the wise Provisions which have been made by this Parliament.
"The Treaty lately entered into with the Elector of Bivaria was laid before you in your last Session, and I then acquainted you, "That I was taking such further Measures as might tend to secure the Tranquillity of the Empire, support its System, and timely prevent such Events as had been found by Experience to endanger the common Cause" I have since, for the same Purposes, in Conjunction with The States General of the United Provinces, found it necessary to conclude a Treaty with the King of Poland, Elector of Savony, which shall be communicated to you.
"The unfortunate Event of the Prince of Orange's Death has made no Alteration in the State of Aisurs in Holland, and, by the prudent and early Measures taken there, the Quiet of that Country has been preserved, and then Government carried on upon the Foundation of the Settlement which had with so much Foresight been previously established by Laws of the Republick I have received the strongest Assurances from The States General of then firm Resolution to maintain that strict Union and Friendship which to happily subsist between Me and those ancient and natural Allies of My Crown.
"I have ordered Estimates of the Expences of the ensuing Year to be prepared and laid before you, and have no other Supplies to ask of you, but such as are requisite for those Services, and for making good such necessary Engagements as you are made acquainted with The Success which has attended your Firmness in reducing the Interest of the National Debt will, I am confident, give you the greatest Satisfaction.
"The Experience I have had of your dutiful and steady Conduct makes it wholly unnecessary for Me to press upon you Unanimity and Dispatch in your Deliberations But I cannot conclude, without recommending to you, in the most earnest Manner, to con sider seriously of some effectual Provisions to suppress those audacious Crimes of Robbery and Violence which are now become so frequent, especially about this great Capital, and which have proceeded in a great Measure from that prostigate Spirit of Irieligion, Idleness, Gaming, and Extravagance, which has of late extended itself in an uncommon Degree, to the Dishonour of the Nation, and to the great Offence and Prejudice of the sober and industrious Part of My People"
D of St Albans takes his Seat.
George Duke of St Albans sat first in Parliament, after the Death of his Father Charles Duke of St. Albans, 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.
Select Vestries, regulating, Bill.
Order for an Address.
"To declare our grateful Sense of the inestimable Blessings we enjoy under His Majesty's Government, and that we consider the Continuance of the Publick Tranquillity, and our present prosperous Situation, as owing, under the Divine Protection, to the wise Measures which His Majesty has pursued for the true Interest of His People.
"To acknowledge His Majesty's Prudence, and His Care for the Repose of Europe, in concluding a Treaty with the King of Poland, Elector of Saxony, for the salutary Purposes which He has communicated to us.
"To express our great Concern for the unfortunate Event of the Prince of Orange's Death, and our Satisfaction, that it has been attended with no ill Consequences to the State of Affairs in Holland, and in the cordial Assurances which He has received from The States General, whose Friendship and Union we are sincerely desirous to cultivate and maintain.
"To thank His Majesty, for the Regard shewn to His People, in expressing so becoming a Resentment against the great Increase of the audacious Crimes of Robbery and Violence, and against the unhappy Causes of such pernicious Practices, and to assure His Majesty, that nothing shall be wanting on our Part, to suppress the one, and to prevent and remedy the other, and that this House is zealously determined to contribute every Thing in their Power to the Quiet of His Majesty's Government, the Happiness of His People, and the Glory of His Reign."
"We, Your Majesty's most dutiful and loval Subjects, the Lords Spiritual and Temporal in Parliament assembled, approach Your Throne with Hearts full of that Zeal and Affection for Your Person and Government which become the most faithful Subjects to the Best of Kings.
"We beg Leave, in the First Place, to return Your Majesty our humble Thanks, for Your most Gracious Speech from the Throne, in which You have with so much Goodness expressed Your Care of our Welfare, and Your Delight in our Happiness Justice, as well as Gratitude, calls upon us to acknowledge the inestimable Blessings we enjoy under Your Majesty's auspicious Government, and that the Continuance of the Publick Tranquillity, the prosperous Situation of Your Kingdoms, the flourishing Condition of our Com merce, and the Opportunity which these Circumstances have afforded for the reducing the Burden of the National Interest, are, under the Divine Protection, owing to the wise Measures which Your Majesty has pursued, both at Home and Abroad, for the true Interests of Your People.
"We are fully sensible that those Measures have not been restrained merely to present Objects, but have been prudently extended to guard against future Evils and Dangers In this Light we consider the Treaty lately concluded by Your Majesty with the King of Poland, Elector of Saxony, the good Effects of which will, we hope, be fully answerable to Your great and salutary Views.
"The Death of the Prince of Orange, a Prince so nearly allied to Your Majesty, and of such Importance to the common Cause, his given us great Concern But it is a real Satisfaction to us, that this unfortunate Event has been attended with no ill Consequence to the State of Affairs in Holland, whose Security and Welfare we consider as intimately connected with our own The Support of that Government upon the Settlement which had been before happily established, and the cordial Assurances which Your Majesty has received from The States General, give us the greatest Pleasure, and confirm us in that Resolution which we have long adhered to, of maintaining and cultivating the strictest Union and Friendship with that Protestant Republick.
"We acknowledge with all Thankfulness the Paternal Regard which Your Majesty has shewn for Your People, in publickly declaring Your just Resentment against those audacious Crimes of Robbery and Violence, which, in Defiance of the Laws, are now grown to such in Excess, particularly in this Part of the Kingdom. We look upon them as a real Nuisance and Dishonour to the Nation, and the Increase of Irieligion, Idleness, Gaming, and all Kinds of Licentionsness, his been long lamented by all good Men, is the unhappy Source of this and many other Mischiefs All Considerations, both Religious and Political, call upon us to put a Stop to these growing Earls, and nothing shall be wanting on our Part, to enforce and strengthen the Laws for punishing and suppressing all such wicked Practices, and to prevent and remedy the pernicious Causes of them Permit us, at the same Time, to give Your Majesty the strongest Assurances, that we are zealously determined, in all our Deliberations, to contribute every Thing in our Power to the Security and Quiet of Your Majesty's Government, the Happiness of Your People, and the Glory of Your Reign"
His Majesty to be congratulated on the Birth of a Princess,
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 Dowager of Wales's happy Delivery of a Princess.
and the Princess Dowager of Wales.
Ordered likewise, That a Message be sent from the House, to congratulate her said Royal Highness on the same joyful Occasion, and that the Earl of Bristol and Lord Cornwallis do carry the said Message.
Committee of Privileges.
Committee for the Journal.
Lords Sub-Committees appointed to consider of the Orders and Customs of this House, and 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.
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.
Gulielm. Lee Miles, Capitalis Justicarius Baner Regii, declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, decimum quintum diem instantis Novembris, hora undecima Auroræ, Dominis sic decernentibus.
DIE Veneris, 15o Novembris.
Dux Marlborough, Senescallus.
The King's Answer to Congratulation.
The Lord Steward reported, "That the Lords with White Staves had (pursuant to the Order of this House Yesterday) waited on His Majesty, to congratulate Him on the joyful Occasion of her Royal Highness the Princess Dowager of Wales's happy Delivery of a Princess, 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"
His Majesty to be attended with Address.
His Grace next 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 o'Clock, at His Palace of St James's"
Princess Dow of Wales's Answer to Congratulatory Message.
The Earl of Bristol reported, "That he and the Lord Cornwallis (pursuant to the Order of this House Yesterday) had attended her Royal Highness the Princess Dowager of Wales, with the Message to congratulate her on the joyful Occasion of her Royal Highness's happy Delivery of a Princess, and that her Royal Highness was pleased to say She was sensible of this Mark of the Duty of this House to the King, and Regard to her."
Gulielm Lee Miles, Capitalis Justiciarius Parci Regii, declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, decimum nonum diem instantis Novembris, hora undecima Auroræ, Dominis sic decernentibus.
DIE Martis, 19o Novembris.
The King's Answer to 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, (videlicet,)
"I thank you very kindly for this dutiful and affectionate Address The Satisfaction you shew in the Measures I have taken both at Home and Abroad, for the Preservation of the Public Peace, and for the Advancement of the Interest of My People, is very agreeable to Me, and cannot fail of having a good Effect for promoting those great and salutary Views."
Account of prohibited East India Goods and Nava Stores delivered.
"The Return of the said Commissioners, with the Account of prohibited East India Goods, and Naval Stores imported, from Michaelmas 1750 to Michaelmas 1751, 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 in St. Hellens, in the Port of London, at Michaelmas 1750, also what brought in since, what exported, and what remained at Michaelmas 1751."
"No 2 An Account of prohibited East India Goods remaining in the East India Warehouses at Leadenhall and Fenchurch Street, at Michaelmas 1750, what have been since brought in, what exported, as also what remained at Michaelmes 1751."
"No 3. An Account of prohibited East India Goods remaining in His Majesty's Warehouse in the Port of London, at Michaelmas 1750, what have been since brought in, what exported, as also what remained at Michaelmas 1751"
"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 1750, what have been since brought in, what exported, as also what remained at Michaelmas 1751"
"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, at Michaelmas 1750, in order to be dyed, glazed, &c., what have been returned, and what remained out of the said Warehouses at Michaelmas 1751"
Petitions for Private Bills, Time limited.
Frasers against His Majesty's Advocate.
Ordered, That the Hearing of the Cause wherein Alexander and Archibald Fraser are Appellants, and His Majesty's Advocate for Scotland, on Behalf of His Majesty, is Respondent, which stands for To-morrow, be put off to this Day Sevennight.
Cahill against Moore & al new Order to answer.
Upon reading the Petition of John Cahill Esquire, setting forth, "That, by Order or this House the last Session of Parliament, Nicholas Moore and others were required to answer the Petitioner's amended Appeal, but he is not at present prepared to offer Proof of the due Service of the said Order, and therefore praying a new Order, for the Respondents to answer"
DIE Veneris, 22o Novembris.
E of Kerry against Vis Fitzmaurice.
E of Derby takes the Oaths.
Lascelles, Leave for a Bill of Divorce.
Upon reading the Petition of Daniel Lascelles of London Merchant, praying Leave to bring in a Bill, for dissolving the Petitioner's Marriage with Elizabeth Southwicke, and to enable him to marry again, and for other Purposes therein mentioned.
Accordingly, the Lord Willoughby of Parham presented to the House a Bill, intituled, "An Act to dissolve the Marriage of Daniel Lascelles of London Merchant with Elizabeth Southwicke his now Wife, and to enable him to marry again, and for other Purposes therein mentioned"
Ordered, That the said Bill be read a Second Time on Tuesday Fortnight, being the Tenth Day of December next, and Notice thereof affixed on the Doors of this House, and the Lords to be summoned; and that the said Daniel Lascelles may be heard, by his Counsel, at the said Second Reading, to make out the Truth of the Allegations of the Bill, and that the said Elizabeth Southwicke may have a Copy of the said Bill, and that Notice be given her of the said Second Reading, and that she be at Liberty to be heard, by her Counsel, what she may have to offer against the said Bill, at that Time.
His Majesty's Advocate against D of Gordon.
Clarke against E of Home & al.
Upon reading the Petition and Appeal of Jacobina Clerke, a Pauper, complaining of an Interlocutor of the Lords of Session in Scotland, of the 20th of November 1746, and of another Interlocutor of the same Lords, of the 27th of January 1747, whereby they adhered to their former Interlocutor, and also of an Interlocutor of the Lord Ordinary, of the 11th of February next following, and praying, "That the said Interlocutors may be reversed or varied, and that the Appellant may have such Relief as to this House in their great Wisdom shall seem meet, and that William Earl of Home, James Burnett, and Mr Halyburton, may be required to put in their Answer to the said Appeal"
It is Ordered, That the said Earl of Home, James Burnett, and Mr Halyburton, may have a Copy of the said Appeal, and do put in their Answer or respective Answers thereunto, in Writing, on or before Friday the 20th Day of December next, and that Service of this Order on then Procurators or Agents in the said Court of Session be deemed good Service.
DIE Martis, 26o Novembris.
Frasers against His Majesty's Advocate.
A Petition of Alexander and Archibald Fraser, was presented, and read, setting forth, "That, on the 13th of February last, the Petitioners exhibited an Appeal to this House, from certain Interlocutors of the Lords of Session in Scotland, to which His Majesty's Advocate, on Behalf of the Crown, is Respondent, but the Petitioners have since been advised to submit to the Determination of the Court below, and praying Leave to withdraw the said Appeal, that the said Interlocutors may be affirmed"
Judgement by Consent.
Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled (with Consent of the said Agents), That the said Petition and Appeal be, and is hereby, dismissed this House, and that the said Interlocutors therein complained of be, and the same are hereby, affirmed.
Bateman & al. against Conway & al.
Upon reading the Petition of Rowland Bateman Esquire and Richard Yielding Gentleman, setting forth, "That, towards the Conclusion of the last Session of Parliament, the Petitioners presented an Appeal to this House, complaining of several Orders of the Court of Exchequer in Ireland, and thereupon obtained an Order for Hagh Conway, John Conway, Edmund Conway, and Edy Bowman to answer the same in the usual Time, but the Petitioners Agent here has received no Account from then Agent in Ireland of the Service of the said Order, and praying a new one, for the Purposes of the said former Order"
Respondents to answer.
It is Ordered, That the said Hugh Conway, John Conway, Edmund Conway, and Edy Bowman, may have a Copy or Copies of the said Appeal, and they are hereby required to put in their Answer or respective Answers thereunto, in Writing, on or before Tuesday the 31st Day of December next, and that Service of this Order on then Attorney or Solicitor in the said Court of Exchequer in Ireland be deemed good Service.
Cochran, this Campbell, against Campbell.
Upon reading the Petition and Appeal of Magdalen Cochran, otherwise Campbell, Widow and Administiatrix of Captain John Campbell of Carrick, deceased, and Alexander and Archibald Stevensons, Conjunct Procurator Fiscalls of Court, complaining of an Interlocutor of the Commissaries of Edinburgh, of the 25th of January 1751, and also of in Interlocutor of the Lords of Session in Scotland, of the 19th of June last, and praying "That the same may be reversed and set aside, and that the said Lords be directed to re assume the Appellant's Bill of Advocation, and remit the Cause to the Commissaries, and that Mis Jean Campbell may be required to answer the said Appeal, and such Relief granted as to this House in their great Justice and Wisdom shall seem meet'
It is Ordered, That the said Jean Campbell may have a Copy of the said Appeal, and she is hereby required to put in her Answer thereunto, in Writing, on or before Tuesday the 24th Day of December next, and that Service of this Order on her Counsel, Proctor, Agent, Solicitor, or Writer, in the Court of Session and Commissary Court at Edinburgh, be deemed good Service.
DIE Veneris, 29o Novembris.
L Cavendish takes the Oaths.
William Lord Cavendish took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes, his Lordship having first delivered a Certificate of his receiving the Sacrament, to the Truth whereof Witnesses were sworn and examined.
Lascelles Divorce Bill Witnesses to attend.
Ordered, That William Limbrey, Elizabeth Limbrey, Sarah Booty, and Jane Carrier, do attend this House, in order to be examined, as Witnesses, upon the Second Reading of the Bill, intituled, "An Act to dissolve the Marriage of Daniel Lascelles of London Merchant with Elizabeth Southwicke his now Wife, and to enable him to marry again, and for other Purposes therein mentioned," on Tuesday Sevennight, being the 10th Day of December next.
Ereskine against Monro.
Upon reading the Petition and Appeal of David Ereskine, Cordiner in Cannongate of Ldinburgh, complaining of several Interlocutors of the Lord Ordinary and Lords of Session in Scotland, the last dated the 24th of July 1751, whereby the said Lords of Session adhered to the Interlocutors complained of, made on the Behalf of Mr Alexander Monro, and praying, "That the same may be reversed, and that the Appellant may have such Relief as to this House in their great Wisdom shall seem meet"
It is Ordered, That the said Alexander Monro may have a Copy of the said Appeal, and he is hereby required to put in his Answer thereunto, in Writing, on or before Friday the 27th Day of December next, and that Service of this Order upon any of the Procurators or Agents of the said Alexander Monro, in the said Court of Session in Scotland, be deemed good Service.