December 1756, 11-20
DIE Martis, 14o Decembris.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. Duresm.
Epus. Roffen.
Epus. Eliens.
Epus. Sarum.
Epus. Bath. & Wells.
Epus. Carliol.
Epus. Litch. & Cov.
Epus. Cestrien.
Epus. Glocestr.
Epus. Cicestrien.
Epus. Bangor. |
Comes Gower, C. P. S.
Dux Grafton, Camerarius.
Dux Bedford.
Dux Devon.
Dux Dorset.
Comes Exeter.
Comes Carlisle.
Comes Shaftesbury.
Comes Rochford.
Comes Coventry.
Comes Jersey.
Comes Morton.
Comes Home.
Comes Lauderdale.
Comes Marchmont.
Comes Tankerville.
Comes Stanhope.
Comes Macclesfield.
Comes Pomfret.
Comes Bath.
Comes Buckinghamshire.
Comes Northumberland.
Comes Fauconberg. |
Ds. Abergavenny.
Ds. Willoughby Par.
Ds. Berkeley Str.
Ds. Cathcart.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Romney.
Ds. Ducie.
Ds. Sandys.
Ds. Walpole.
Ds. Lyttelton. |
PRAYERS.
E. of Shannon & al. against Burton & al.
The joint and several Answer of Benjamin Burton and
Francis Bindon, to the Appeal of Henry Earl of Shannon and others, surviving Trustees, appointed by Act of
Parliament for Relief of the Creditors of the Bank
lately kept by Samuel Burton and Daniel Falkiner;
and of the Bank lately kept by Benjamin Burton, Samuel
Burton, and Daniel Falkiner; and of the Bank lately
kept by Benjamin Burton and Samuel Burton; and of the
Bank lately kept by Benjamin Burton and Francis Harrison; was brought in:
As was also the joint and several Answer of Robert
Burton, Sir Charles Burton, and Rachael Baxter, to the
same Appeal.
Lords take the Oaths.
John Lord Berkeley of Stratton and Samuel Lord
Sandys took the Oaths, and made and subscribed the
Declaration, and also took and subscribed the Oath of
Abjuration, pursuant to the Statutes; their Lordships
having first delivered Certificates of their receiving the
Sacrament; to the Truth whereof Witnesses were sworn
and examined.
E. of Buckinghamshire takes his Seat.
This Day John Earl of Buckinghamshire sat first in
Parliament, after the Death of his Father John Earl of
Buckinghamshire; his Lordship having first, 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.
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 Return of the said Commissioners; with an
Account of prohibited East India Goods brought into,
and delivered for Exportation out of, the respective
Warehouses in London and the Out Ports, from Michaelmas 1755, to Michaelmas 1756; also what remained at Michaelmas 1756; an Account of the
like Goods delivered out of the respective Warehouses
in London, to be dyed, glazed, &c.; and an Account
of the Naval Stores imported from Russia, for the
same Time; and also an Account of the Number
of Ships which have been employed in the Whale
Fishery, for the Year 1756."
And then they were directed to withdraw.
And the Titles of the said Accounts were read, by
the Clerk, as follow:
"No 1. An Account of prohibited East India Goods
brought into the East India Warehouses in Saint
Helens, in the Port of London, since Michaelmas 1755;
also what have been exported from that Time, and what
remained at Michaelmas 1756."
"No 2. An Account of prohibited East India Goods
brought into the East India Warehouses, in Leadenhall, Fenchurch Street, and Billeter Lane, in the Port
of London, since Michaelmas 1755; also what have
been exported from that Time, and what remained at
Michaelmas 1756."
"No 3. An Account of prohibited East India Goods
remaining in His Majesty's Warehouse in the Port of
London, at Michaelmas 1755; what have been since
brought in, what exported, as also what remained at
Michaelmas 1756."
"No 4. An Account of East India Goods, prohibited
to be worn in this Kingdom, in the respective Warehouses in the Out Ports, at Michaelmas 1755; what
have been since brought in, what exported; as also
what remained at Michaelmas 1756."
"No 5. An Account of prohibited East India Goods
delivered out of the Warehouses at Saint Helens,
Leadenhall, Fenchurch Street, Billeter Lane, and Custom house, in the Port of London, at Michaelmas 1755,
in order to be dyed, glazed, &c.; what have been
returned, and what remained out of the said Warehouses at Michaelmas 1756."
"No 6. An Account of Naval Stores imported from
Russia, in the Port of London, from Michaclmas 1755,
to Michaelmas 1756."
"No 7. An Account of Naval Stores imported from
Russia, into the several Ports of England (commonly
called the Out Ports), from Michaelmas 1755, to
Michaelmas 1756."
"No 8. An Account of the Number of Ships which
have been employed in the Whale Fishery to Davis's
Straits and the Greenland Seas, with their respective
Names and Burthens; from whence they were fitted
out, and at what Port in Great Britain they were
discharged; and also what Quantity of Oil or Whale
Fins-each Ship has imported in the Year 1756."
Ordered, That the said Accounts do lie on the
Table.
Carlisle Military Road, Accompts, &c. of Trustees delivered.
The House being informed, "That Mr. Bigge, from
the Commissioners and Trustees appointed to put in
Execution an Act of the 24th Year of the Reign of His
present Majesty, for making a Road for the Passage
of Troops and Carriages from Carlisle, to Newcastle,
attended:"
He was called in; and delivered, at the Bar, Copies of
the Proceeding and Accompts of the said Commissioners
and Trustees, for the Counties of Cumberland and Northumberland.
And then he was directed to withdraw.
And the Titles thereof were read, by the Clerk, as
follow:
"1756. Copies of all the Orders and Acts of the
Commissioners and Trustees; and also the Accompt of
the Receipts and Disbursements of George Blamire
Gentleman, Treasurer to and for the said Commissioners
and Trustees nominated and appointed for putting in
Execution an Act passed in the Twenty-fourth Year of
the Reign of His present Majesty, intituled, "An Act
for laying out, making, and keeping in Repair, a Road
proper for the Passage of Troops and Carriages,
from the City of Carlisle to the Town of Newcastle
upon Tyne," so far as the same relates to or concerns
that Part of the said Road which lies in the County of
Cumberland."
"The Twelfth Accompt of the Receipts and Disbursements of John Tweddell Gentleman, Clerk and Treasurer
to and for the Commissioners and Trustees nominated
and appointed for putting in Execution an Act passed in the Twenty-fourth Year of the Reign of His
present Majesty, intituled, "An Act for laying out,
making, and keeping in Repair, a Road proper for
the Passage of Troops and Carriages, from the City
of Carlisle to the Town of Newcastle upon Tyne," so far
as the same relates to or concerns that Part of the
said Road which lies in the County of Northumberland."
Ordered, That the same do lie on the Table.
Law & al. against Brebner & al.
Hearing put off till next Session.
A Petition of John Law, and George Chalmers and
William Sellers his Factors, Appellants in a Cause depending in this House, to which Lilias Brebner and others
are Respondents, which stands appointed for Hearing on
Friday next, was presented, and read; setting forth,
That, since the Beginning of the said Appeal, the
Petitioners, the Factors of the said John Law who
resides in The East Indies, have written to him, but
have not yet received his Answer or Instructions in
regard to this Cause; and that they are advised the
Circumstances of the Cause require that they should
hear from their Constituent, and have his particular
Authority and Instructions, before the Hearing thereof, in order to instruct their Counsel properly;" and
therefore praying, "That their Lordships would be
pleased to allow them a reasonable Time for receiving
the Appellant John Law's Authority and Instructions
from The East Indies, in regard to this Cause; and, in
the mean Time, to put off the said Hearing."
And thereupon the Agents on both Sides were called
in, and heard at the Bar.
And being withdrawn:
Ordered, That the Hearing of the said Cause be
put off till the next Session of Parliament.
Lady Gray against Crie & al.
Upon reading the Petition and Appeal of Margaret
Blair of Kinfauns Lady Gray, and John Lord Gray her
Husband for his Interest; complaining of an Interlocutor of the Lords of Session in Scotland, of the 16th of
June 1748; and also of another Interlocutor of the
said Lords, of the 10th of January 1750, adhering thereto; and praying, "That the same may be reversed,
varied, or altered; and that this House will give the
Appellants such Relief in the Premises as to their
Lordships in their great Wisdom and Justice shall
seem meet; and that James Crie Provost, Robert Robertson Dean of Guild, John Robertson of Tullibelton,
William Stewart, William Gray and James Mathew Baillies, and Patrick Couper Treasurer of the Borough of
Perth, for themselves, and as representing the Town
Council and Community of the said Borough, or their
Successors in Office, the present Magistrates and Town
Council of the said Borough, may be required to answer
the said Appeal:" And also upon reading a Certificate
of Peter Low, Keeper of the Records of Decreets in
the Office of Thomas Gibson and James Pringle, Two of
the principal Clerks to the Court of Session in Scotland,
certifying, "That the said Decreet was extracted
from the Interlocutors and Warrants of Process in
the said Office, upon the 21st of May 1751:"
It is Ordered, That the said James Crie and the
other Respondents may have a Copy of the said Appeal; and do put in their Answer or respective Answers
thereunto, in Writing, on or before Tuesday the 11th
Day of January next; and Service of this Order upon
any One of their Procurators or Agents in the Court
of Session in Scotland shall be deemed good Service.
Wilson & al. against Burnton & al.
Upon reading the Petition and Appeal of John Wilson Collector of His Majesty's Customs at Stockton in the
County of Durham and Richard Swainston Solicitor of
the Customs in Scotland, his Factor and Attorney; complaining of an Interlocutor of the Lords of Session in
Scotland, of the 7th of January 1756; and praying,
That the same may be reversed or varied; and that
this House will grant the Appellants such other Relief in the Premises as to their Lordships shall seem
meet; and that Robert Burnton and James Chalmers
may be required to answer the said Appeal:"
It is Ordered, That the said Robert Burnton and
James Chalmers may have a Copy of the said Appeal;
and do put in their Answer or respective Answers thereunto, in Writing, on or before Tuesday the 11th Day
of January next; and Service of this Order upon any
of their Counsel or Agents in the Court of Session in
Scotland shall be deemed good Service.
Chichester against E of Donegal.
Upon reading the Petition and Appeal of Ann Chichester, Widow and Administratrix of John Chichester Esquire,
her late Husband, deceased; complaining of Two Orders
of the Court of Chancery in Ireland, of the 11th of
July 1754, and 3d of May 1755; and also of a Decree
of the same Court, of the 17th of March 1756; and
praying, "That the said Orders and Decree may be
reversed; and that this House will be pleased to give
the Appellant such other Relief in the Premises as to
their Lordships in their great Wisdom shall seem
meet; and that Arthur Earl of Donegall may be required to answer the said Appeal:"
It is Ordered, That the said Arthur Earl of Donegall may have a Copy of the said Appeal; and do put
in his Answer thereunto, in Writing, on or before Tuesday the 18th Day of January next; and Service of this
Order upon the Six Clerk or Agent of the said Earl
shall be deemed good Service.
Countess of Kildare & al. against Burton & al.
A Petition of the Right Honourable Mary Countess
of Kildare and others, Creditors of the Four several
Banks lately kept in Dublin by Samuel Burton Esquire
and others, Appellants in a Cause depending in this
House, to which Robert Burton Esquire and others are
Respondents, which stands appointed for Hearing on
Wednesday the 22d Instant, was presented, and read;
setting forth, "That, on the 3d Instant, an Appeal was
exhibited to their Lordships, in the Names of the
Earl of Shannon and others of the Respondents to the
Petitioners said Appeal, complaining of the same Decree appealed from by the Petitioners, to which Appeal the Petitioners and the other Respondents, having
been made Parties, are required to put in their Answer on or before the 7th Day of January next;"
and praying, "In regard the Petitioners are advised
that both Appeals are proper to be heard together,
that the Hearing of the Petitioners Appeal may be
put off till Monday the 14th Day of February next, or
to such other Day as their Lordships shall please to
appoint."
And thereupon the Agents on all Sides were called
in, and heard at the Bar.
And being withdrawn:
Ordered, That the Hearing of the said Cause be
put off to Monday the 14th Day of February next.
The King's Answer to Address for an Embargo upon Ships laden with Corn, &c:
The Lord Chamberlain reported, "That the Lords
with White Staves had (according to Order) presented to His Majesty the Address of this House, of
the 4th Instant, desiring an Embargo to be laid upon
all Ships laden with Corn, Grain, Meal, Flour, Bread,
Biscuit, or Starch, to be exported to Foreign Parts;
and that His Majesty was pleased to say, He would
give Directions accordingly."
Cramer, Leave for a Bill to take the Name of Coghill:
Upon reading the Petition of Oliver Cramer Esquire,
praying Leave to bring in a Bill to enable him and the
Heirs of his Body to take and use the Surname of Coghill, and to bear the Family Arms of Coghill:
It is Ordered, That Leave be given to bring in a
Bill, according to the Prayer of the said Petition.
Bill read.
Accordingly, the Lord Willoughby of Parham presented to the House a Bill, intituled, "An Act to enable
Oliver Cramer Esquire and the Heirs of his Body to
take and use the Surname of Coghill, pursuant to the
Will of Marmaduke Coghill Esquire, deceased; and to
bear the Family Arms of Coghill."
And the same was read the First Time.
Mathew against Fitzsimons.
The House being moved, "That Monday the 7th
Day of February next may be appointed, for hearing
the Cause wherein Richard Mathew Esquire is Appellant, and Christopher Fitz Simons and others are
Respondents:"
It is Ordered, That this House will hear the said
Cause, by Counsel, at the Bar, on Monday the 7th Day
of February next, as desired.
Tilly to enter into a Recognizance for E. of Shannon.
The House being moved, "That John Tilly of London Gentleman may be permitted to enter into a Recognizance for the Earl of Shannon and others, on
account of their Appeal depending in this House;
they living in Ireland:"
It is Ordered, That the said John Tilly may enter
into a Recognizance for the said Appellants, as desired.
Adjourn.
Dominus Sandys declaravit præsens Parliamentum
continuandum esse usque ad et in diem Mercurii, decimum quintum diem instantis Decembris, hora undecima Auroræ, Dominis sic decernentibus.
DIE Mercurii, 15o Decembris.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Arch. Ebor.
Epus. Duresm.
Epus. Roffen.
Epus. Oxon.
Epus. Wigorn.
Epus. Eliens.
Epus. Sarum.
Epus. Bath. & Wells.
Epus. Exon.
Epus. Carliol.
Epus. Petriburg.
Epus. Asaphen.
Epus. Norvicen.
Epus. Litch. & Cov.
Epus. Cestrien.
Epus. Glocestr.
Epus. Bristol.
Epus. Bangor. |
Comes Gower, C. P. S.
Dux Bedford.
Dux Devonshire.
Dux Marlborough.
Dux Argyll.
Dux Newcastle.
Dux Dorset.
Comes Exeter.
Comes Peterborow.
Comes Winchilsea.
Comes Essex.
Comes Cardigan.
Comes Carlile.
Comes Shaftesbury.
Comes Rochford.
Comes Albemarle.
Comes Morton.
Comes Home.
Comes Lauderdale.
Comes Breadalbane.
Comes Marchmont.
Comes Oxford.
Comes Tankerville.
Comes Halifax.
Comes Macclesfield.
Comes Waldegrave.
Comes Bath.
Comes Portsmouth.
Comes Buckinghamshire.
Comes Northumberland.
Comes Temple.
Comes Hardwicke.
Comes Darlington.
Comes Fauconberg.
Viscount Weymouth.
Viscount Bolingbroke.
Viscount Falmouth.
Viscount Folkestone. |
Ds. Delawarr.
Ds. Willoughby Par.
Ds. Cathcart.
Ds. Foley.
Ds. Onslow.
Ds. Romney.
Ds. Edgecumbe.
Ds. Sandys.
Ds. Bruce.
Ds. Fortescue.
Ds. Anson.
Ds. Vere.
Ds. Walpole.
Ds. Harwich.
Ds. Lyttelton. |
PRAYERS.
Cramer to take the Name of Coghill, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act
to enable Oliver Cramer Esquire and the Heirs of his
Body to take and use the Surname of Coghill, pursuant to the Will of Marmaduke Coghill Esquire, deceased; and to bear the Family Arms of Coghill."
Ordered, That the said Bill be committed to the
Consideration of the Lords following:
|
L. Privy Seal.
D. Bedford.
D. Devonshire.
D. Marlborough.
D. Argyll.
D. Newcastle.
D. Dorset.
E. Exeter.
E. Peterborow.
E. Winchilsea.
E. Essex.
E. Cardigan.
E. Carlisle.
E. Shaftesbury.
E. Breadalbane.
E. Marchmont.
E. Oxford.
E. Macclesfield.
E. Bath.
E. Buckinghamshire.
E. Northumberland.
E. Temple.
E. Hardwicke.
E. Darlington.
E. Fauconberg.
Vis. Weymouth.
Vis. Bolingbroke.
Vis. Falmouth.
Vis. Folkestone. |
L. Abp. York.
L. B. Durham.
L. B. Rochester.
L. B. Oxford.
L. B. Worcester.
L. B. Ely.
L. B. Sarum.
L. B. Bath & Wells.
L. B. Exeter.
L. B. Carlisle.
L. B. St. Asaph.
L. B. Litch. & Cov.
L. B. Chester.
L. B. Gloucester.
L. B. Bristol.
L. B. Bangor. |
L. Delawarr.
L. Willoughby Par.
L. Cathcart.
L. Foley.
L. Onslow.
L. Edgecumbe.
L. Bruce.
L. Fortescue.
L. Anson.
L. Vere.
L. Walpole.
L. Harwich.
L. Lyttelton. |
Their Lordships, or any Five of them; to meet
on Friday next, at Ten o'Clock in the Forenoon, in the Prince's Lodgings near the House
of Peers; and to adjourn as they please.
Forbes peremptorily to answer Appeal of His Majesty's Advocate.
The House was informed, "That John Forbes Master of Pitsligo, Respondent to the Appeal of His
Majesty's Advocate for Scotland, had not put in his
Answer to the said Appeal, though duly served with
the Order of this House for that Purpose."
And thereupon an Affidavit of William Alston Writer
to the Signet, of the due Service of the said Order,
being read:
Ordered, That the said Respondent do put in his
Answer to the said Appeal, peremptorily, in a Week.
Sharpe against Maxwell Ed. Farnham.
The House being informed, "That John Batagh
attended, in order to deliver in Copies of Papers and
Proceedings relating to a Cause depending in this
House, wherein William Sharpe Esquire is Appellant,
and John Maxwell Lord Farnham in the Kingdom of
Ireland is Respondent:"
He was called in, and delivered the same at the Bar;
and attested upon Oath, "They were true Copies, he
having examined them with the Originals in the proper Offices in Ireland."
And then he withdrew.
Bishop of Bristol to preach 30th of January.
Ordered, That the Lord Bishop of Bristol be, and
he is hereby, desired to preach before this House, in the
Abbey Church, Westminster, on Monday the Thirty-first
Day of January next.
Davidson to enter into Recognizance for Marquis Tweeddale.
The House being moved, "That Henry Davidson
may be permitted to enter into Recognizances for
John Marquis of Tweeddale, on account of his Two
Appeals depending in this House; he being in Scotland:"
It is Ordered, That the said Henry Davidson may
enter into Recognizances for the said Appellant, as
desired.
Ross to enter into Recognizance for Col. James Ross.
The House being moved, "That George Ross Esquire
may be permitted to enter into a Recognizance for
Colonel James Ross, on account of his Appeal depending in this House; he being in The West Indies."
It is Ordered, That the said George Ross may enter
into a Recognizance for the said Appellant, as desired.
Ross to enter into a Recognizance for E. of Crawfurd.
The House being moved, "That George Ross Esquire
may be permitted to enter into a Recognizance for
the Earl of Crawfurd and Mr. How Crawfurd, on
account of their Appeal depending in this House;
they being in Scotland:"
It is Ordered, That the said George Ross may enter
into a Recognizance for the said Appellants, as desired.
Ross to enter into Recognizance for Sutherland & al.
The House being moved, "That George Ross Esquire
may be permitted to enter into a Recognizance for
Hugh Sutherland and others, on account of their Appeal depending in this House; they living in Scotland:"
It is Ordered, That the said George Ross may enter
into a Recognizance for the said Appellants, as desired.
Pierie to enter into a Recognizance for Moneypenny & al.
The House being moved, "That William Picrie may
be permitted to enter into a Recognizance for Mary
Monnypenny and others, on account of their Appeal
depending in this House, they living in Scotland."
It is Ordered, That the said William Pierie may enter into a Recognizance for the said Appellants, as desired.
Complaint of a forged printed Paper, sold as His Majesty's Speech:
The Order of the Day being read, for taking into
further Consideration the Matter of the Complaint made
on the 3d Instant, of a spurious and forged printed
Paper, dispersed and publickly sold as His Majesty's
Speech to both Houses of Parliament:
The Deputy Gentleman Usher of the Black Rod was
called upon, to give an Account of what he had, done in
Pursuance of the Order of this House, of the 4th Instant,
for taking into Custody James Howe and George King;
and acquainted the House, "That he had taken the
said George King; and that he was attending without,
in Custody; and that he had used all possible Endeavours to take the said James Howe; but that he
absconded, and could not be found."
Then the said George King was ordered to be brought
to the Bar.
And being brought accordingly:
The House was informed, "That there were some
Persons attending without, who could give further
Evidence in relation to the said James Howe and
George King's being concerned in printing and publishing the said printed Paper."
And thereupon Samuel Harrington a Hawker, and
Ann Realton Servant Maid to the said James Howe,
and William Garforth Servant also to the said Howe,
were severally called in, and examined upon Oath, in
relation thereto.
And having been severally cross examined by the said
George King; and withdrawn:
The said George King was heard what he had to offer
in his Defence; and denied his being concerned with
the said James Howe in printing and publishing the
said Paper; and said, "That he never had one of the
said printed Papers in his Possession; and that he had
a Witness without, who could prove his being from
Home from Twelve o'Clock till Four in the Afternoon on Thursday the 2d of December, the Day the said
Papers were printed; and desired she might be called."
Whereupon Elizabeth Frazer, who lodged at the
said King's House, was called in; and examined upon
Oath, in relation to the said King's being from Home
on Thursday the 2d of December.
And then she was directed to withdraw.
And the said King, having no other Witness to call,
nor any Thing further material to offer in his Defence,
was ordered to be taken from the Bar.
And a Report of Precedents, as to what Punishments
have been inflicted, or Methods taken to vindicate the
Honour of this House, in Cases of any Breach of Privilege or Contempts to this House, made from a Committee on the 25th of November 1724, was read: As
was also an Entry in the Journal of the 19th of February
1754, of the Resolutions and Judgement of this House,
in the Case of David Home, who had been guilty of
forging, publishing, and selling, written Protections.
King voted guilty of being concerned in printing and publishing the forged Speech;
Resolved, That it appears to this House, That
the said George King is guilty of being concerned in
printing and publishing the said spurious and forged
printed Paper, intituled, "His Majesty's most Gracious
Speech to both Houses of Parliament, on Thursday the
2d Day of December 1756."
fined and committed to Newgate.
Ordered and Adjudged, by the Lords Spiritual
and Temporal in Parliament assembled, That the said
George King be, for his said Offence, fined in the Sum
of Fifty Pounds Sterling to His Majesty; and that he
be committed Prisoner to Newgate for the Space of Six
Months, and until he pays the said Fine.
Ordered, That the said George King be now
brought to the Bar; and that the Judgement of this
House abovementioned be pronounced upon him by
the Lord on the Woolsack.
Accordingly he was brought to the Bar; and, being
there on his Knees, the said Judgement was pronounced
upon him by the Speaker.
And then he was taken from the Bar.
Ordered, That the Gentleman Usher of the Black
Rod, in whose Custody the said George King now is, do
convey or cause him to be conveyed to the Prison of
Newgate, and delivered to the Keeper thereof accordingly; and this shall be a sufficient Warrant in that Behalf.
To the Honourable Sir Henry Bellenden
Knight, Gentleman Usher of the
Black Rod attending this House, his
Deputy or Deputies, and every of
them; and also to the Keeper of
Newgate, his Deputy or Deputies,
and every of them.
Adjourn.
Dominus Sandys declaravit præsens Parliamentum
continuandum esse usque ad et in diem Jovis, decimum
sextum diem instantis Decembris, hora undecima Auroræ, Dominis sic decernentibus.
DIE Jovis, 16o Decembris.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Arch. Ebor.
Epus. Exon.
Epus. Bath. & Wells.
Epus. Litch. & Cov.
Epus. Bangor. |
Dux Argyll.
Dux Dorset.
Comes Exeter.
Comes Warwick.
Comes Winchilsea.
Comes Carlisle.
Comes Morton.
Comes Lauderdale.
Comes Breadalbane.
Comes Hyndford.
Comes Oxford.
Comes Effingham.
Comes Egremont.
Comes Fauconberg.
Viscount Falmouth. |
Ds. Willoughby Par.
Ds. Cathcart.
Ds. Foley.
Ds. Onslow.
Ds. Romney.
Ds. Sandys.
Ds. Vere.
Ds. Hyde. |
PRAYERS.
E. of Shaftesbury takes the Oaths.
Anthony Ashley Earl of Shaftesbury 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.
Orphans Fund and London Bridge Accompts delivered.
The House being informed, "That the Chamberlain
of the City of London attended:"
He was called in; and delivered, at the Bar, pursuant
to the Directions of Two Acts of Parliament,
"An Accompt of the Surplus of the Fund for the Relief of the Orphans and other Creditors of the City
of London, on the 5th Day of July 1756."
And also, "An Accompt of Money received and paid,
in Pursuance of the Act to improve, widen, and enlarge, the Passage over and through London Bridge,
from the 24th Day of June (exclusive), to the 14th
Day of December 1756 (inclusive)."
And then he withdrew.
And the Titles thereof being read by the Clerk:
Ordered, That the said Accompts do lie on the
Table.
Mercers Company Accompts delivered.
The House being informed, "That Mr. Cawne, from
the Mercers Company, attended:"
He was called in; and delivered, at the Bar, pursuant
to an Act of the 21st Year of the Reign of His present
Majesty, "The Accompts of the said Company, from
the 10th of October 1755, to the 10th of October 1756."
And then he withdrew.
And the Title thereof being read by the Clerk:
Ordered, That the said Accompts do lie on the
Table.
Upon reading the Petition and Appeal of Robert Blackwood of Pittrevie Advocate; complaining of an Interlocutor of the Lord Ordinary in Scotland, of the 27th of
June 1750, and of an Interlocutor of the Lords of Session
of the 6th of November 1750; and praying, "That the
same may be reversed or varied; and that this House
will give the Appellant such Relief in the Premises as
to their Lordships shall seem just; and that Henry
Allan Writer in Edinburgh, as representing Robert
Allan Merchant in Leith, may be required to answer
the said Appeal:"
It is Ordered, That the said Henry Allan may have
a Copy of the said Appeal; and do put in his Answer
thereunto, in Writing, on or before Thursday the 13th
Day of January next; and Service of this Order upon
his known Agent or Solicitor before the Court of Session in Scotland shall be deemed good Service.
His Majesty's Advocate against D. Gordon.
The House being moved, "That Wednesday the 16th
Day of March next may be appointed, for hearing the
Cause wherein His Majesty's Advocate for Scotland is
Appellant, and the Duke of Gordon Respondent:"
It is Ordered, That this House will hear the said
Cause, by Counsel, at the Bar, on Wednesday the 16th
Day of March next, as desired.
ter into Recognizance for Wilson.
The House being moved, "That Charles Massey of
The Inner Temple Gentleman may be permitted to
enter into a Recognizance for John Wilson and Richard
Swainston, on account of their Appeal depending in
this House; they residing in the Country:"
It is Ordered, That the said Charles Massey may
enter into a Recognizance for the said Appellant, as
desired.
His Majesty's Advocate. against Dutch. Gordon; new Order for an Answer.
Upon reading the Petition of His Majesty's Advocate
for Scotland, Appellant in a Cause to which her Grace
the Dutchess of Gordon is Respondent; setting forth,
"That the Petitioner last Session presented his Appeal,
complaining of certain Interlocutors of the Lords of
Session in Scotland; and that their Lordships were
pleased to make the usual Order for the Respondent
to answer in a limited Time; but that, the said Order
having been transmitted to Scotland to be served on
the Respondent, the same, with the Affidavit of Service, has been mislaid;" and therefore praying, "That
their Lordships would be pleased to make a new Order, for the Respondent to put in her Answer to the
Petitioner's said Appeal:"
It is Ordered, That the said Respondent do put in
her Answer to the said Appeal, in a Month.
Provision for quartering the Foreign Troops, Bill.
A Message was brought from the House of Commons,
by Mr. Thomas Gore and others:
With a Bill, intituled, "An Act to make Provision
for the quartering of the Foreign Troops, in His Majesty's Service, now in this Kingdom;" to which they
desire the Concurrence of this House.
The said Bill was read the First Time.
And it being moved, "That the said Bill be now
read a 2d Time:"
The said Bill was accordingly read a 2d Time.
Ordered, That the said Bill be committed to a
Committee of the whole House.
Ordered, That the House be put into a Committee upon the said Bill, To-morrow.
Bishop of Bangor to preach on Fast Day.
Ordered, That the Lord Bishop of Bangor be, and
he is hereby, desired to preach before this House, in the
Abbey Church, Westminster, on Friday the 11th Day of
February next, being the Day appointed, by His Majesty's
Royal Proclamation, for a General Fast.
To prohibit the Exportation of Corn, Bill.
A Message was brought from the House of Commons,
by Mr. Samuel Martin and others:
With a Bill, intituled, "An Act to prohibit, for a
Time to be limited, the Exportation of Corn, Malt,
Meal, Flour, Bread, Biscuit, and Starch;" to which
they desire the Concurrence of this House.
The said Bill was read Twice.
Ordered, That the said Bill be committed to a
Committee of the whole House.
Ordered, That the House be put into a Committee
upon the said Bill, To-morrow.
Plunkett against Knox & al.
Upon reading the Petition and Appeal of James Plunkett Esquire; complaining of a Decree of Dismission of the
Court of Chancery in Ireland, of the 16th of November
1756; and praying, "That the same may be reversed;
and that this House will grant the Appellant such
Relief in the Premises as to their Lordships in their
great Wisdom shall seem meet; and that John Knox,
Roger Palmer, William Knox, Arthur Plunkett, Esquires,
and Josiah Richardson, Executor of Jeffrey French deceased, may be required to answer the said Appeal:"
It is Ordered, That the said John Knox, Roger Palmer, William Knox, Arthur Plunkett, and Josiah Richardson, may have a Copy of the said Appeal; and do put
in their Answer or respective Answers thereunto, in
Writing, on or before Thursday the 20th Day of January next; and Service of this Order upon their Clerks
in Court shall be deemed good Service.
Adjourn.
Ds. Sandys declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, decimum
septimum diem instantis Decembris, hora undecima Auroræ, Dominis sic decernentibus.
DIE Veneris, 17o Decembris.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. Exon.
Epus. Carliol.
Epus. Litch. & Cov.
Epus. Cicestrien.
Epus. Bangor. |
Dux Newcastle.
Dux Dorset.
Comes Lincoln.
Comes Warwick.
Comes Shaftesbury.
Comes Jersey.
Comes Home.
Comes Lauderdale.
Comes Marchmont.
Comes Hyndford.
Comes Oxford.
Comes Uxbridge.
Comes Effingham.
Comes Northumberland.
Comes Fauconberg. |
Ds. Delawarr.
Ds. Cathcart.
Ds. (fn. 1) Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Edgecumbe.
Ds. Sandys.
Ds. Walpole.
Ds. Harwich. |
PRAYERS.
E. of Uxbridge takes the Oaths.
Henry Earl of Uxbridge took the Oaths, and made
and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.
Cramer to take the Name of Coghill, Bill.
The Earl of Warwick reported from the Lords Committees to whom the Bill, intituled, "An Act to enable
Oliver Cramer Esquire and the Heirs of his Body
to take and use the Surname of Coghill, pursuant to
the Will of Marmaduke Coghill Esquire, deceased,
and to bear the Family Arms of Coghill," was committed: "That they had considered the said Bill, and
examined the Allegations thereof, which were found
to be true; and that the Committee had gone through
the Bill, and directed him to report the same to the
House, without any Amendment."
Ordered, That the said Bill be engrossed.
Proceedings of Westminster Bridge Commissioners delivered.
The House being informed, "That Mr. Seddon, from
the Commissioners of Westminster Bridge, attended:"
He was called in; and delivered, at the Bar, pursuant to the Directions of several Acts of Parliament,
"A State of the Proceedings of the said Commissioners, from the 18th of November 1755, to the 14th
Day of December 1756."
And also, "Accompts of the Treasurer to the said
Commissioners, from the 10th Day of October 1755,
to the 10th Day of October 1756."
And then he withdrew.
And the Titles thereof being read by the Clerk:
Ordered, That the said State and Accompts do lie
on the Table.
Respondents peremptorily to answer Craik's Appeal.
The House was informed, "That Grizel Craik, Respondent to the Appeal of Jean Craik and John
Stewart her Husband, had not put in her Answer
to the said Appeal, though duly served with the Order
of this House for that Purpose."
And thereupon an Affidavit, made by John Mair of
the City of Edinburgh Notary Publick, of the due Service of the said Order, being read:
Ordered, That the said Respondent do put in her
Answer to the said Appeal, peremptorily, in a Week.
Respondents peremptorily to answer D. of Roxburgh's Appeal.
The House was informed, "That Ninian Jeffrey and
others, Respondents to the Appeal of Robert Duke
of Roxburgh, had not put in their Answer to the said
Appeal, though duly served with the Order of this
House for that Purpose."
And thereupon an Affidavit of Henry Balquanquall
Writer in Edinburgh, of the due Service of the said Order, being read:
Ordered, That the said Respondents do put in
their Answer to the said Appeal, peremptorily, within a
Week.
Provision for quartering Foreign Troops, Bill.
The House (according to Order) was adjourned during
Pleasure, and put into a Committee on the Bill, intituled, "An Act to make Provision for the quartering of
the Foreign Troops, in His Majesty's Service, now in
this Kingdom."
After some Time, the House was resumed.
And the Earl of Warwick reported from the Committee, "That they had gone through the said Bill, and directed him to report the same to the House, without
any Amendment."
To prohibit the Exportation of Corn, &c. Bill.
The House (according to Order) was adjourned during
Pleasure, and put into a Committee upon the Bill, intituled, "An Act to prohibit, for a Time to be limited,
the Exportation of Corn, Malt, Meal, Flour, Bread,
Biscuit, and Starch."
After some Time, the House was resumed.
And the Earl of Warwick reported from the Committee, "That they had gone through the Bill, and directed him to report the same to the House, without any
Amendment."
Provision for quartering Foreign Troops, Bill.
Hodie 3a vice lecta est Billa, intituled, "An Act to
make Provision for the quartering of the Foreign Troops,
in His Majesty's Service, now in this Kingdom."
The Question was put, "Whether this Bill shall
pass?"
It was Resolved in the Affirmative.
To prohibit the Exportation of Corn, &c.
Hodie 3a vice lecta est Billa, intituled, "An Act
to prohibit, for a Time to be limited, the Exportation of Corn, Malt, Meal, Flour, Bread, Biscuit,
and Starch."
The Question was put, "Whether this Bill shall
pass?"
It was Resolved in the Affirmative.
Message to H. C. that the Lords have agreed to the Two preceding Bills.
A Message was sent to the House of Commons, by
Mr. Edwards and Mr. Waple:
To acquaint them, that the Lords have agreed to the
said Bills, without any Amendment.
Adjourn.
Ds. Sandys declaravit præsens Parliamentum continuandum esse usque ad et in diem Sabbati, decimum
octavum diem instantis Decembris, hora undecima Auroræ, Dominis sic decernentibus.
DIE Sabbati, 18o Decembris.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. Cestrien.
Epus. Bangor. |
Comes Gower, C. P. S.
Dux Dorset.
Comes Shaftesbury.
Comes Coventry.
Comes Uxbridge.
Comes Lauderdale.
Comes Breadalbane.
Comes Marchmont. |
Ds. Willoughby Par.
Ds. Cathcart.
Ds. Onslow.
Ds. Sandys. |
PRAYERS.
Time limited for Petitions for Private Bills:
Ordered, That this House will not receive any
Petition for a Private Bill, after Tuesday the 22d Day
of February next, during this Session of Parliament.
Cramer to take the Name of Coghill, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act
to enable Oliver Cramer Esquire, and the Heirs of his
Body, to take and use the Surname of Coghill, pursuant to the Will of Marmaduke Coghill Esquire, deceased; and to bear the Family Arms of Coghill."
The Question was put, "Whether this Bill shall
pass?"
It was Resolved in the Affirmative.
Message to H. C. with it.
A Message was sent to the House of Commons, by
Mr. Edwards and Mr. Waple:
To carry down the said Bill, and desire their
Concurrence thereto.
Bills passed by Commission.
The Speaker acquainted the House, "That His
Majesty had been pleased to grant a Commission to
his Royal Highness the Duke of Cumberland, and
several Lords therein named, for declaring His Royal
Assent to Two several Acts agreed upon by both
Houses."
The House was adjourned during Pleasure.
The House was resumed.
Then three of the Lords Commissioners (in their
Robes) being seated on a Form placed between the
Throne and the Woolsack; the Lord Sandys Speaker in
the Middle; with the Lord Privy Seal on his Right
Hand; and the Duke of Dorset on his Left; commanded
the Deputy Gentleman Usher of the Black Rod to signify
to the Commons, "That the Lords Commissioners desire
their immediate Attendance in this House, to hear
the Commission read."
Who being come, with their Speaker;
The Lord Sandys said,
"My Lords, and Gentlemen of the House of
Commons,
"His Majesty, not thinking fit to be personally present here at this Time, has been pleased to cause a
Commission to be issued under the Great Seal, and
thereby given His Royal Assent to Two several Acts,
which have been agreed upon by both Houses; the
Titles whereof are particularly mentioned; and, by
the said Commission, hath commanded us, in His
Absence, to declare and notify His Royal Assent to
the said Acts in this House, in the Presence of you
the Lords and Commons assembled, for that Purpose: Which Commission you will now hear read."
And the same was accordingly read, by the Clerk, as
follows:
"GEORGE R.
"George the Second, by the Grace of God,
of Great Britain, France, and Ireland, King, Defender of the Faith, and so forth: To Our Right
Trusty and Right Well-beloved the Lords Spiritual
and Temporal, and to Our Trusty and Well-beloved
the Knights, Citizens, and Burgesses, and the Commissioners for Shires and Boroughs of the House of Commons, in this present Parliament assembled, Greeting.
Whereas We have seen, and perfectly understood,
Two several Acts, agreed and accorded on by you
Our loving Subjects, the Lords Spiritual and Temporal, and the Commons in this Our present Parliament assembled, and endorsed by you, as hath been
accustomed; the Titles and Names of which Acts
hereafter do particularly ensue; (that is to say,)
"An Act to make Provision for the quartering of
the Foreign Troops, in His Majesty's Service, now
in this Kingdom:" "An Act to prohibit, for a
Time to be limited, the Exportation of Corn, Malt,
Meal, Flour, Bread, Biscuit, and Starch." And
albeit the said Acts, by you Our said Subjects the
Lords and Commons in this Our present Parliament
assembled, are fully agreed and consented unto; yet,
nevertheless, the same are not of Force and Effect in
the Law, without Our Royal Assent given and put to
the said Acts: And forasmuch as, for divers Causes
and Considerations, We cannot conveniently at this
Time be present in Our Royal Person in the Higher
House of Our said Parliament, being the Place accustomed to give Our Royal Assent to such Acts as have
been agreed upon by you Our said Subjects the Lords
and Commons; We have therefore caused these Our
Letters Patent to be made, and have signed the same,
and, by the same, do give and put Our Royal Assent
to the said Acts, and to all Articles, Clauses, and
Provisions, therein contained, and have fully agreed
and assented to the said Acts; willing that the said
Acts, and every Article, Clause, Sentence, and Provision, therein contained, from henceforth, shall be
of the same Strength, Force, and Effect, as if We
had been Personally present in the said Higher House,
and had openly and publickly, in the Presence of you
all, assented to the same: And We do, by these Presents, declare and notify the same Our Royal Assent,
as well to you the Lords Spiritual and Temporal and
Commons aforesaid, as to all others whom it may
concern; commanding also, by these Presents, Our
Right Trusty and Well-beloved Counsellor Sir John
Willes Knight Chief Justice of Our Court of Common
Pleas, Our Trusty and Well-beloved Sir Sidney Stafford Smythe Knight One of the Barons of Our Court
of Exchequer, and Sir John Eardley Wilmot Knight
One of Our Justices assigned to hold Pleas before Us,
Our Commissioners for the Custody of Our Great Seal
of Great Britain, to seal these Our Letters Patent
with Our Great Seal of Great Britain; and also commanding Our most Dear and Entirely-beloved Son
and Faithful Counsellor William Duke of Cumberland;
the most Reverend Father in God Our Right Trusty
and Well-beloved Counsellor Thomas Archbishop of
Canterbury Primate and Metropolitan of all England;
Our Right Trusty and Right Well-beloved Cousins
and Counsellors John Earl Granville President of
Our Council, Granville Leveson Earl Gower Keeper
of Our Privy Seal, Our Right Trusty and Right Entirely-beloved Cousins and Counsellors John Duke of
Rutland Steward of Our Household, Charles Duke of
Grafton Chamberlain of Our Household, William Duke
of Devonshire First Commissioner of Our Treasury,
Charles Duke of Marlborough Master General of Our
Ordnance, Archibald Duke of Argyll, Lionel Cranfield
Duke of Dorset Master of Our Horse; Our Right
Trusty and Right Well-beloved Cousins and Counsellors Robert Earl of Holdernesse One of Our Principal
Secretaries of State, William Henry Earl of Rochford
Groom of Our Stole, Richard Earl Temple First Commissioner of Our Admiralty; and Our Right Trusty
and Well-beloved Counsellor Samuel Lord Sandys, or
any Three or more of them, to declare and notify
this Our Royal Assent, in Our Absence, in the said
Higher House, in the Presence of you the said Lords
and the Commons of Our Parliament, there to be
assembled for that Purpose; and the Clerk of Our
Parliaments to endorse the said Acts with such Terms
and Words, in Our Name, as is requisite, and hath
been accustomed for the same; and also to enrol
these Our Letters Patent and the said Acts in the Parliament Roll; and these Our Letters Patent shall be
to every of them a sufficient Warrant in that Behalf.
And finally We do declare and will, that, after this
Our Royal Assent given and passed by these Presents,
and declared and notified as is aforesaid, then and immediately the said Acts shall be taken, accepted, and
admitted, good, sufficient, and perfect Acts of Parliament and Laws, to all Intents, Constructions, and
Purposes, and to be put in due Execution accordingly;
the Continuance or Dissolution of this Our Parliament,
or any other Use, Custom, Thing, or Things, to the contrary thereof notwithstanding. In Witness whereof, we
have caused these Our Letters to be made Patent.
"Witness Ourself, at Westminster, the Eighteenth
Day of December, in the Thirtieth Year of
Our Reign.
"By the King Himself, signed with His own
Hand.
"Yorke & Yorke."
Then the Lord Sandys further said,
"In Obedience to His Majesty's Commands, and
by virtue of the Commission which has been now
read, we do declare and notify to you the Lords
Spiritual and Temporal and Commons in Parliament
assembled, That His Majesty hath given His Royal Assent to the Acts in the Commission mentioned; and the
Clerks are required to pass the same, in the usual
Form and Words."
Then the Clerk of the Crown, at the Table, read
the Titles of the Bills to be passed, severally, as follow:
"1. An Act to make Provision for the quartering of
the Foreign Troops, in His Majesty's Service, now in
this Kingdom."
"2. An Act to prohibit, for a Time to be limited,
the Exportation of Corn, Malt, Meal, Flour, Bread,
Biscuit, and Starch."
To these Bills the Royal Assent was severally
pronounced, by the Clerk Assistant, in these
Words; videlicet,
"Le Roy le veult."
Then the Commons withdrew.
And the House was adjourned during Pleasure.
The House was resumed.
Adjourn.
Ds. Sandys declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, vicesimum secundum diem instantis Decembris, hora undecima Auroræ, Dominis sic decernentibus.