House of Lords Journal Volume 29
December 1756, 11-20

Sponsor

History of Parliament Trust

Publication

Year published

1767-1830

Pages

12-20

Annotate

Comment on this article
Double click anywhere on the text to add an annotation in-line

Citation Show another format:

'House of Lords Journal Volume 29: December 1756, 11-20', Journal of the House of Lords volume 29: 1756-1760 (1767-1830), pp. 12-20. URL: http://www.british-history.ac.uk/report.aspx?compid=114416 Date accessed: 24 November 2014.


Highlight

(Min 3 characters)

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.

Footnotes

1 Bis in Originali.