House of Lords Journal Volume 29: December 1757, 1-10

December 1757, 1-10

DIE Jovis, 1^o Decembris, 1757.

DIE Jovis, 1^o Decembris, 1757, Annoque Regni Sereniffimi Domini Nostri Georgii Secundi, Dei Gratia, Magnæ Britanniæ, Franciæ, & Hib'niæ Regis, Fidei Defensoris, &c. Tricesimo Primo, in quem Diem hæc Quinta Sessio Parliamenti, per separalia Adjournamenta & Prorogationes, continuata fuerat, in Superiori Domo Parliamenti Magnæ Britanniæ apud Westmonaster. convenere, Domini tam Spirituales quam Temporales, quorum Nomina subscribuntur, & præsentes fuerunt:

REX.

Dux Cumberland.

The King present.

His Majesty, being seated on the Throne, adorned with His Crown and Regal Ornaments, and attended by His Officers of State (the Duke of Cumberland, in his Robes, being seated in his Place on His Majesty's Left Hand; the Lords being also in their Robes); commanded the Gentleman Usher of the Black Rod to let the Commons know, "It is His Majesty's Pleasure, they attend Him immediately, in this House."

Who being come, with their Speaker;

His Majesty spake as follows:

His Majesty's Speech.

"My Lords, and Gentlemen,

"It would have given Me the greatest Pleasure, to have acquainted you, at the Opening of this Session, that our Success in carrying on the War had been equal to the Justice of our Cause, and the Extent and Vigour of the Measures formed for that Purpose.

"I have the firmest Confidence, that the Spirit and Bravery of this Nation, so renowned in all Times, and which have formerly surmounted so many Difficulties, are not to be abated by some Disappointments. These, I trust, by the Blessing of God, and your Zeal and Ardour for My Honour and the Welfare of your Country, may be retrieved. It is My fixt Resolution, to apply My utmost Efforts for the Security of My Kingdoms, and for the Recovery and Protection of the Possessions and Rights of My Crown and Subjects in America and elsewhere, as well by the strongest Exertion of our Naval Force, as by all other Methods.

"Another great Object, which I have at Heart, is the Preservation of the Protestant Religion, and the Liberties of Europe; and, in that View, to adhere to and encourage My Allies.

"For this Cause, I shall decline no Inconveniencies; and in this Cause, I earnestly desire your hearty Concurrence and vigorous Assistance. The late signal Success in Germany has given a happy Turn to Affairs, which it is incumbent upon us to improve; and in this critical Conjuncture the Eyes of all Europe are upon you. In particular, I must recommend it to you, that My good Brother and Ally the King of Prussia may be supported in such a Manner as His Magnanimity and active Zeal for the common Cause deserve.

"Gentlemen of the House of Commons,

"It gives Me the utmost Concern, that the large Supplies, which you have already granted for carrying on the War, have not produced all the good Effects we had Reason to hope for. But I have so great a Reliance on your Wisdom, as not to doubt of your Perseverance. I only desire such Supplies as shall be necessary for the publick Service; and, to that End, have ordered the proper Estimates to be laid before you. You may depend upon it, that the best and most faithful Œconomy shall be used.

"My Lords, and Gentlemen,

"I have had such ample Experience of the Loyalty and good Affections of My faithful Subjects towards Me, My Family, and Government, in all Circumstances, that, I am confident, they are not to be shaken. But I cannot avoid taking Notice of that Spirit of Disorder which has shewn itself amongst the common People in some Parts of the Kingdom. Let Me recommend to you, to do your Part in discouraging and suppressing such Abuses, and for maintaining the Laws and lawful Authority. If any Thing shall be found wanting, to explain or enforce what may have been misunderstood or misrepresented, I am persuaded, it will not escape your Attention.

"Nothing can be so conducive to the Defence of all that is dear to us, as well as for reducing our Enemies to Reason, as Union and Harmony amongstourselves."

Then His Majesty was pleased to retire; and the Commons withdrew.

PRAYERS.

Ld. St. John of Bletsoe takes his Seat.

This Day John Lord St. John of Bletsoe sat first in Parliament, after the Death of his Father John Lord St. John of Bletsoe; 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.

Bp. of Peterborough takes the Oaths.

Also, Richard Lord Bishop of Peterborough took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Select Vestries regulating, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for the better regulating of Select Vestries."

The Lord Keeper reported His Majesty's Speech.

And the same being read by the Clerk:

Order for an Address on His Majesty's Speech.

Ordered, That an humble Address be presented to His Majesty, "To return Him the Thanks of this House, for His most Gracious Speech from the Throne.

"To express our deep Concern for the Disappointments which have happened this Year, in carrying on this just War; and gratefully to acknowledge His Majesty's Goodness, in the Approbation He is pleased to give of the Spirit of this Nation, and the Zeal of His Parliament, to retrieve them, and to maintain His Majesty's Honour, and the true Interest of His Kingdom.

"To assure His Majesty of our hearty Concurrence and vigorous Assistance, in accomplishing His wise and gracious Intentions for our Safety at Home, for recovering and securing the Rights and Possessions of His Crown and Subjects in America and elsewhere, and for the Preservation of the Protestant Religion, and the Liberties of Europe, whereof Great Britain has always been a principal Bulwark.

"Thankfully to express our entire Satisfaction in His Majesty's gracious Declaration, That in this Cause He will decline no Inconveniencies; and our unfeigned Joy on the late signal Success in Germany: That we will exert ourselves to the utmost, to defend His Majesty, His Honour, and real Interests; and also to support His good Ally the King of Prussia, whose Magnanimity and unexampled Firmness are so useful to the common Cause.

"To declare our Abhorrence of that Spirit of Disorder and Riot which is so inconsistent with all Government; and that nothing shall be wanting on our Part, as well towards discouraging and suppressing it, as for enforcing and giving Strength to the Laws and lawful Authority.

"To express our Conviction of the Necessity of Union and Harmony amongst ourselves; and to give His Majesty the strongest Assurances, that the Loyalty and good Affections of this House are never to be shaken; that the Preservation of His Sacred Person, the Stability of His Government, and the Continuance of the Protestant Succession in His Royal Family, will ever be most dear to us, and essential to the Happiness of all His People."

The Lords following were appointed a Committee, to prepare an Address, pursuant to the said Order; (videlicet,)

Their Lordships, or any Five of them; to meet immediately, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

The House was adjourned during Pleasure; and the Committee withdrew, to prepare the Address.

After some Time, the House was resumed.

And the Earl of Northumberland reported from the Committee, "That they had prepared an Address, pursuant to the foregoing Order."

Which, being read by the Clerk, was agreed to by the House; and is as follows:

Address reported.

"Most Gracious Sovereign,

"We, Your Majesty's most dutiful and loyal Subjects, the Lords Spiritual and Temporal in Parliament assembled, beg Leave to return Your Majesty our humble Thanks, for Your most Gracious Speech from the Throne.

"The Concern which You are pleased to express, for the Disappointments that have unhappily attended some of the Measures formed by Your Majesty this Year, for carrying on the just War in which we are engaged, is a fresh Mark of Your Paternal Regard for the Welfare of Your People, and for the Glory of this Kingdom.

"The Testimony which Your Majesty has at the same Time given to the Spirit and Bravery of this Nation, and to the ardent Zeal of Your Parliament to retrieve these Misfortunes, is a Proof of the Justice done by Your Royal Mind to our Principles and Sentiments, and the greatest Encouragement to persevere in them.

"Affected therefore as we are with these Events, we are not discouraged; but we sincerely promise Your Majesty our hearty Concurrence, and most vigorous Assistance, in accomplishing, under the Protection of the Divine Providence, Your wise and gracious Intentions for our Defence and Safety at Home, and for recovering and securing the Rights and Possessions of Your Crown and Subjects in America and elsewhere, particularly by the utmost Exertion of that essential Part of our Strength, Your Naval Force.

"The Preservation of the Protestant Religion and the Liberties of Europe are Objects never to be forgotten by us. Of this pure Religion, and these invaluable Liberties, Great Britain has in all Times been a principal Bulwark; and cannot fail to continue so, under Your Majesty's auspicious Reign.

"As the late signal Success in Germany fills us with unseigned Joy, so it animates our Hopes to see this glorious Cause revive; and we do, with equal Thankfulness and Satisfaction, acknowledge Your Majesty's generous Declaration, That, for the Sake of it, You will decline no Inconveniencies.

"To defend Your Majesty against all Your Enemies, to support Your Honour and real Interests, and to strengthen Your Hands, are our indispensable Duty. It shall also be our Endeavour, to improve this Success to the most useful Purposes; and to exert ourselves in supporting Your good Ally the King of Prussia, whose Magnanimity and unexampled Firmness are so evident to all the World, and of such great Utility to the common Cause.

"We have seen, with the utmost Abhorrence, that Spirit of Disorder and Riot which has shewn itself of late amongst the common People: We are sensible that it is inconsistent with all Government, and necessary to be reformed and suppressed; nothing shall be wanting, on our Part, for this salutary Purpose, and to enforce and add Strength to the Laws and lawful Authority, on which the Liberty and Property of the meanest as well as of the chief of Your Subjects depend.

"Your Majesty's kind Admonition, of the Necessity of Union and Harmony amongst ourselves, is highly worthy the common Father of Your People: We will always have it before our Eyes; and we give Your Majesty the strongest Assurances, that our Loyalty and good Affections to Your Majesty and Your Royal Family, of which we have on all Occasions given real Proofs, are never to be shaken or diminished. The Preservation of Your Sacred Person, the Stability of Your Government, and the Continuance of the Protestant Succession in Your Illustrious House, will ever be most dear to us, and essential to the Happiness of all Your People."

Ordered, That the said Address be presented to His Majesty by the whole House.

Ordered, That the Lords with White Staves do wait on His Majesty, humbly to know what Time His Majesty will please to appoint to be attended therewith.

Committee of Privileges.

Lords Committees appointed to consider of the Orders and Customs of the House, and Privileges of Parliament, and of the Peers of Great Britain and Lords of Parliament.

Their Lordships, or any Seven of them; to meet on Monday next, at Ten o'Clock in the Forenoon, in the House of Peers, and every Monday after; and to adjourn as they please.

Committee for the Journal.

Lords Sub-committees appointed to consider of the Orders and Customs of this House, and Privileges of the Peers of Great Britain and Lords of Parliament; and to peruse and perfect the Journal of this and former Sessions of Parliament.

Their Lordships, or any Three of them; to meet when, where, and as often as, they please.

Stoppages in the Streets, Order to prevent.

The House taking Notice, "That there is such an Interruption, by Hackney Coaches, Carts, and Drays, in the Streets and Passages between Charing Cross and The Old Palace Yard in Westminster, that the Lords and others are frequently hindered from coming to this House, to the great Inconveniency of the Members of both Houses:"

It is thereupon Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the High Steward of the City of Westminster, or his Deputy, together with the Justices of the Peace for the said City, shall, by their Care and Directions to the Constables and other Officers within the said Limits, take special Order, that no empty Hackney Coaches be suffered to make any Stay, between Whitehall and The Old Palace Yard in Westminster, from Eleven of the Clock in the Forenoon until Five of the Clock in the Afternoon of the same Day, during the Sitting of the Parliament; and that no Carriages, Drays, or Carts, be permitted to pass through the said Streets and Passages, between Charing Cross and The Old Palace Yard, between the Hours aforesaid, during the Sitting of this Parliament; and herein special Care is to be taken, by the said Deputy Steward, Justices of the Peace, Constables, and all other Officers herein concerned, as the contrary will be answered to this House: And it is further Ordered, That the High Bailiff of the City of Westminster, and the Justices of the Peace for the City and Liberty thereof, or some of them, residing in Westminster, be served with the Order of this House, made this Day, for the Purposes aforesaid.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad & in diem Veneris, secundum diem instantis Decembris, hora undecima Auroræ, Dominis sic decernentibus.

DIE Veneris, 2^o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Millar against Alexander.

Upon reading the Petition and Appeal of John Miller Tobaccomist at Greenock; complaining of an Interlocutor of the Lords of Session in Scotland, of the 10th of August 1756; and praying, "That the same may be reversed, varied, or amended; and that the Appellant may have such other Relief in the Premises as to this House in their Lordships great Wisdom and Justice shall seem meet; and that William Alexander Esquire may be required to answer the said Appeal:"

It is Ordered, That the said William Alexander may have a Copy of the said Appeal; and do put in his Answer thereunto, in Writing on or before Friday the 30th Day of this Instant December; and Service of this Order upon any of his Counsel or Agents in the Court of Session in Scotland shall be deemed good Service.

Delany against Tenison & al.

The House being informed, "That William Costello attended, in order to deliver in Copies of Papers and Proceedings, relating to a Cause depending in this House, wherein Doctor Partrick Delany Dean of Downe is Appellant, and Thomas Tenison Esquire and others are Respondents:"

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.

His Majesty to be attended with the Address.

The Lord Steward reported, "That the Lords with White Staves had (according to Order) waited on His Majesty, humbly to know what Time His Majesty would please to appoint to be attended with the Address of this House; and that His Majesty had been pleased to appoint this Day, at Two o'Clock, at His Palace of Saint James."

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, sextum diem instantis Decembris, hora undecima Auroræ, Dominis sic decernentibus.

DIE Martis, 6^o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

E. Stanhope takes the Oaths, in Pursuance of the Militia Act.

Philip Earl Stanhope took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to an Act passed in the 30th Year of His present Majesty's Reign, intituled, An Act for the better Ordering of the Militia Forces in the several Counties of that Part of Great Britain called England."

The King's Answer to Address reported.

The Lord Keeper reported, "That the House did, on Friday last, attend His Majesty, with their Address; to which His Majesty was pleased to return the following most Gracious Answer:

"My Lords,

"Nothing could possibly give Me greater Satisfaction than this very dutiful and affectionate Address. I heartily thank you for it; and make no Doubt but the Zeal and Vigour which you so seasonably express, in this critical Conjuncture, will have the best Effects both at Home and Abroad."

Ordered, That the said Address, with His Majesty's most Gracious Answer thereunto, be forthwith printed and published.

E. of Sandwich & al. Leave for a Bill to qualify as Vice Treasurer of Ireland:

Upon reading the Petition of John Earl of Sandwich, Wellbore Ellis Esquire, and Thomas Potter Esquire; praying Leave to bring in a Bill, to enable them to take, in Great Britain, the Oath of Office, as Vice Treasurer and Receiver General and Paymaster General of all His Majesty's Revenues in the Kingdom of Ireland; and to qualify themselves for the Enjoyment of the said Offices.

It is Ordered, That Leave be given to bring in a Bill, according to the Prayer of the said Petition.

Bill read.

Whereupon the Lord Berkeley of Stratton presented to the House a Bill, intituled, "An Act to enable John Earl of Sandwich, Wellbore Ellis Esquire, and Thomas Potter Esquire, to take, in Great Britain, the Oath of Office, as Vice Treasurer and Receiver General and Paymaster General of all His Majesty's Revenues in the Kingdom of Ireland; and to qualify themselves for the Enjoyment of the said Offices."

The said Bill was read the First Time.

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 1756, to Michaelmas 1757; also what remained at Michaelmas 1757; an Account of the like Goods delivered out of the respective Warehouses in London, to be dyed, glazed, &c.; and an Account of Naval Stores imported from Russia, for the same Time; also an Account of the Number of Ships which have been employed in the Whale Fishery, for the Year 1757, with their respective Names, &c."

And then they were directed to withdraw.

And the Titles of the said Accounts were read, by the Clerk, as follow:

"1. An Account of prohibited East India Goods brought into the East India Warehouses in Saint Hellens, in the Port of London, since Michaelmas 1756; also what have been exported from that Time, and what remained at Michaelmas 1757."

"2. An Account of prohibited East India Goods brought into the East India Warehouses at Leadenhall and Billeter Lane, in the Port of London, since Michaelmas 1756; also what have been exported from that Time, and what remained at Michaelmas 1757."

"3. An Account of prohibited East India Goods remaining in His Majesty's Warehouse in the Port of London at Michaelmas 1756; what have been since brought in, what exported, as also what remained at Michaelmas 1757."

"4. An Account of East India Goods, prohibited to be worn in this Kingdom, in the respective Warehouses in the Out Ports, at Michaelmas 1756; what have been since brought in, what exported, as also what remained at Michaelmas 1757."

"5. An Account of prohibited East India Goods, which have been delivered out of the Warehouses at Saint Hellens, Leadenhall, Billeter Lane, and Customhouse, in the Port of London, since Michaelmas 1756, in order to be dyed, glazed, &c.; what have been returned, and what remained out of the said Warehouses at Michaelmas 1757."

"6. An Account of Naval Stores imported from Russia into the Port of London, from Michaelmas 1756, to Michaelmas 1757."

"7. An Account of Naval Stores imported from Russia into the Ports of England (commonly called the Out Ports) from Michaelmas 1756, to Michaelmas 1757."

"8. An Account of the Number of Ships which have been employed in the Whale Fishery to Davis's Streights 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 1757."

Ordered, That the said Accounts do lie on the Table.

Graham to amend his Appeal.

Upon reading the Petition of James Graham, Appellant in a Cause depending in this House, wherein Elizabeth Maule is Respondent; setting forth, "That the Petitioner hath lately discovered that his Appeal is defective and imperfect, in so far as John Ker Farmer in Bonington, who was Party in the Cause below, hath not been made a Respondent to the said Appeal with the Respondent Elizabeth Maule;" and praying Leave to amend his said Appeal, by making the said John Ker a Respondent; and that he may be required to put in his Answer thereto:

It is Ordered, That the Appellant be at Liberty to amend his said Appeal, by making the said John Ker a Respondent; and that the said John Ker do put in his Answer to the said Appeal in a Month.

Delany, Leave to amend his Appeal.

Upon reading the Petition of the Reverend Patrick Delany Doctor in Divinity and Dean of Downe in Ireland, Appellant in a Cause depending in this House, wherein Thomas Tenison Esquire and others are Respondents; setting forth, "That the Petitioner's Appeal having been exhibited upon the Close of the last Session of Parliament, so very recently after pronouncing the last Decretal Order of the 11th of June 1757, and before the Petitioner's Agent could be furnished with authentick Copies of all the necessary Papers from Ireland, several Blanks were necessarily left therein, for inserting the precise Dates of certain Orders and Proceedings in the said Cause, the Substance and Contents whereof are fully set forth in the said Appeal, and the like Relief prayed thereon as on the said last Decretal Order, with an Omission only of the Dates; and that the Petitioner did, by his said Appeal, humbly pray their Lordships Indulgence, when he should be properly provided with the Proceedings in the said Cause (which he now is), to make such Additions or Amendments thereto as he should be advised;" and therefore praying, "In regard the Respondents have not yet put in their Answer, that he may be at Liberty to amend his said Appeal, by inserting therein the Dates of such Orders and Proceedings, in the said Cause, for which Blanks are now left, and by making such other Amendments thereto as he shall be advised; he offering to make such Amendments within Four Days, and to amend the Respondents Copy:"

It is Ordered, That the Petitioner be at Liberty to amend his said Appeal, as desired; he amending the Respondents Copy.

His Majesty's Advocate against Edwards.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein His Majesty's Advocate is Appellant, and John Edwards Respondent:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on the First vacant Day for Causes after those already appointed.

Delany against Tenison & al. Pleadings proved.

The House being informed, "That Hugh Finigan attended, in order to deliver in Copies of Papers and Proceedings, relating to a Cause depending in this House, wherein Doctor Patrick Delany Dean of Downe is Appellant, and Thomas Tenison Esquire and others are Respondents:"

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.

Sutherland & al. Magistrates of Kirkwall against Inhabitants of Stromness.

A Petition of Hugh Sutherland and others, Appellants in a Cause depending in this House, wherein Alexander Graham and others are Respondents, which stands appointed to be heard To-morrow, was presented, and read; setting forth, "That the Subject-matter of the said Appeal arises upon a Question merely of Scots Law, of the greatest Consequence to the publick Policy of that Part of the United Kingdom; and that the Lord Advocate (who was of Counsel for the Petitioners, and had, the last Session of Parliament, been instructed and prepared to argue the Cause before their Lordships) is yet detained in Scotland by His Majesty's Business; and there is not Time sufficient, before the Holidays, for instructing new Counsel;" and therefore praying, "That the said Hearing may be put off to Monday the 16th Day of January next."

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 to Monday the 16th Day of January next.

Causes removed.

Ordered, That the Hearing of the Cause wherein John Cumming and others are Appellants, and James Boyle and others Respondents, which stands appointed for Friday next, be put off to Wednesday the 14th Instant; and that the other Causes be removed in Course.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad & in diem Mercurii, septimum diem instantis Decembris, hora undecima Auroræ, Dominis sic decernentibus.

DIE Mercurii, 7^o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

E. of Sandwich & al. to qualify as Vice Treasurer of Ireland, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable John Earl of Sandwich, Wellbore Ellis Esquire, and Thomas Potter Esquire, to take, in Great Britain, the Oath of Office, as Vice Treasurer and Receiver General and Paymaster General of all His Majesty's Revenues in the Kingdom of Ireland; and to qualify themselves for the Enjoyment of the said Offices."

Ordered, That the said Bill be committed to the Consideration of the Lords following:

Their Lordships, or any Five of them; to meet To-morrow, at Ten o'Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Account of Corn, &c. exported.

The House being informed, "That Mr. Oxenford, from the Commissioners of the Customs, attended:"

He was called in; and delivered, at the Bar, pursuant to the Directions of an Act of Parliament,

"An Account of all Corn, Meal, Malt, Flour, Bread, Biscuit, and Starch, that have been exported to any Place whatsoever, by virtue or in Pursuance of any of the Liberties or Powers thereby given or granted in the Act for that Purpose passed the last Session of Parliament."

And then he was directed to withdraw.

And the Title thereof being read by the Clerk:

Ordered, That the said Account do lie on the Table.

Taylor against Atkyns & al. Writ of Error.

The House being moved, "That Tuesday the 24th Day of January next may be appointed, for hearing Counsel, to argue the Errors assigned upon the Writ of Error, wherein Cyprian Taylor, on the Demise of John Atkyns Esquire, is Plaintiff, and Robert Atkyns Esquire and others are Defendants:"

It is Ordered, That this House will hear the said Errors argued, by Counsel, at the Bar, on Tuesday the 24th Day of January next, as desired.

Ross & al. to amend their Appeal.

Upon reading the Petition of Andrew Ross Chamberlain of the Earldom of Orkney and others; setting forth, That the Petitioners exhibited their Appeal to this House, from certain Interlocutors of the Court of Session in Scotland; and that, after pronouncing the Interlocutors complained of, and before their Lordships Order for answering the said Appeal could be intimated below, the Court of Session proceeded further in the Cause, and pronounced another Interlocutor therein on the 22d of June last;" and therefore praying, "In regard the Petitioners conceive themselves aggrieved by the said last mentioned Interlocutor, and are desirous that the whole Cause may be at once under their Lordships Review, that they may be at Liberty to amend their said Appeal, by adding thereto the said last mentioned Interlocutor:"

It is Ordered, That the Petitioners be at Liberty to amend their said Appeal, by adding the said Interlocutor of the 22d of June last; they amending the Respondents Copy.

The House was adjourned during Pleasure.

The House was resumed.

Corn, to prohibit the Exportation of, and Corn, &c. Acts to continue, Bill.

A Message was brought from the House of Commons, by Mr. Chancellor of the Exchequer and others:

With a Bill, intituled, "An Act for continuing certain Laws made in the last Session of Parliament, for prohibiting the Exportation of Corn, Malt, Meal, Flour, Bread, Biscuit, and Starch; and for prohibiting the making of Low Wines and Spirits from Wheat, Barley, Malt, or any other Sort of Grain, or from Wheat or Flour; and to allow the Transportation of Wheat, Barley, Oats, Meal, and Flour, to The Isle of Man, for the Use of the Inhabitants there; and for reviving and continuing an Act made in the same Session, for discontinning the Duties upon Corn and Flour imported, and upon Corn, Grain, Meal, Bread, Biscuit, and Flour, taken from the Enemy; and to permit the Importation of Corn and Flour into Great Britain and Ireland, in Neutral Ships; and to authorize His Majesty, with the Advice of His Privy Council, to order and permit the Exportation of such Quantities of the Commodities aforesaid as may be necessary for the Sustentation of any Forces in the Pay of Great Britain, or of those of His Majesty's Allies acting in Support of the common Cause; and to prohibit the Payment of any Bounty upon the Exportation of any of the said Commodities to be made during the Continuance of this Act;" to which they desire the Concurrence of this House.

The said Bill was read the First and Second Times.

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.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad & in diem Jovis, octavum diem instantis Decembris, hora undecima Auroræ, Dominis sic decernentibus.

DIE Jovis, 8^o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Croker against Napper.

The Answer of John Napper Gentleman, One of the Respondents to the Appeal of Edward Croker Esquire and Henry Croker his Son, was brought in.

Corn, to prohibit the Exportation of, and Corn, &c. Acts to continue, Bill:

The House (according to Order) was adjourned during Pleasure, and put into a Committee on the Bill, intituled, "An Act for continuing certain Laws made in the last Session of Parliament, for prohibiting the Exportation of Corn, Malt, Meal, Flour, Bread, Biscuit, and Starch; and for prohibiting the making of Low Wines and Spirits from Wheat, Barley, Malt, or any other Sort of Grain, or from Meal or Flour; and to allow the Transportation of Wheat, Barley, Oats, Meal, and Flour to The Isle of Man, for the Use of the Inhabitants there; and for reviving and continuing an Act made in the same Session, for discontinuing the Duties upon Corn and Flour imported, and upon Corn, Grain, Meal, Bread, Biscuit, and Flour, taken from the Enemy; and to permit the Importation of Corn and Flour into Great Britain and Ireland, in Neutral Ships; and to authorize His Majesty, with the Advice of His Privy Council, to order and permit the Exportation of such Quantities of the Commodities, aforesaid, as may be necessary for the Sustentation of any Forces in the Pay of Great Britain, or of those of His Majesty's Allies, acting in Support of the common Cause; and to prohibit the Payment of any Bounty upon the Exportatation of any of the said Commodities to be made during the Continuance of this Act."

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."

Then the said Bill was read the Third Time.

And 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 it.

A Message was sent to the House of Commons, by Mr. Burroughs and Mr. Spicer:

To acquaint them, that the Lords have agreed to the said Bill, without any Amendment.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad & in diem Veneris, nonum diem instantis Decembris, hora undecima Auroræ, Dominis sic decernentibus.

DIE Veneris, 9^o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Croker against Croker.

The Answer of John Croker Esquire Son of John Croker Esquire, deceased, John Croker Esquire Son of Edward Croker Esquire, James Casey, Thomas Latchford, Thomas Beamish Gentleman, and Benjamin Swete Esquire, to the Appeal of the said Edward Croker and Henry Croker his Son, was brought in.

E. of Blesinton against Monsell & al.

Upon reading the Petition and Appeal of William Earl of Blesinton in the Kingdom of Ireland; complaining of a Decretal Order of the Court of Exchequer in the said Kingdom, of the 12th Day of February 1757; and praying, "That the same may be reversed and set aside, and such other Relief given the Appellant as to this House shall seem meet, and as the Nature and Circumstances of the Case may require; and that William Monsell, George Tuthill, Arthur Hill, John (fn. 2) William, and James Baron of Tyrawly and Mary Baroness of Tyrawly his Wife, may be required to answer the said Appeal:"

It is Ordered, That the said William Monsell, George Tuthill, Arthur Hill, John (fn. 2) Williams, James Baron of Tyrawly and Mary Baroness of Tyrawly, may have a Copy of the said Appeal; and do put in their Answer or respective Answers thereunto, in Writing, on or before Friday the 13th Day of January next; and Service of this Order upon the Clerks in Court or Attornies of the said Respondents respectively in the said Court of Exchequer in Ireland shall be deemed good Service.

Cahill against Meager.

Upon reading the Petition and Appeal of John Cahill Esquire; complaining of Three several Orders of the Court of Chancery in Ireland, of the 25th of April, 29th of June, and 14th of November, 1757; and praying, That the said Orders may be set aside, or rectified in such Manner as to this House in their Lordships great Wisdom shall seem meet; and that Frances Meager Widow may be required to answer the said Appeal:"

It is Ordered, That the said Frances (fn. 2) Meaager may have a Copy of the said Appeal; and do put in her Answer thereunto, in Writing, on or before Friday the 13th Day of January next; and Service of this Order upon her Clerk in Court, or Solicitor, shall be deemed good Service.

Wilson against Burnton.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein John Wilson and others are Appellants, and Robert Burnton and others Respondents; the Respondents not having put in their Answer, though peremptorily ordered:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on the First vacant Day for Causes after those already appointed, on the Part of the Appellant only, unless the Respondents put in their Answer in the mean Time.

Buckworth against Phelan.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein John Buckworth Esquire is Appellant and Barnaby Phelan Respondent:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on the First vacant Day for Causes after those already appointed.

Wilson to enter into a Recognizance for Miller.

The House being moved, "That John Wilson of Gray'sInn Gentleman may be permitted to enter into a Recognizance for John Miller, on account of his Appeal depending in this House; he residing in Scotland:"

It is Ordered, That the said John Wilson may enter into a Recognizance for the said Appellant, as desired.

Corn Bill passed by Commission.

The Lord Keeper 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 an Act agreed upon by both Houses."

Then 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 Keeper in the Middle; with the Archbishop of Canterbury on his Right Hand; and Earl Gower 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 Keeper 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 an Act which hath been agreed upon by both Houses, the Title whereof is particularly mentioned; and, by the said Commission, hath commanded us, in His Absence, to declare and notify His Royal Assent to the said Act, 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, an Act, 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 Title and Name of which Act hereafter doth particularly ensue; (that is to say,) "An Act for continuing certain Laws made in the last Session of Parliament, for prohibiting the Exportation of Corn, Malt, Meal, Flour, Bread, Biscuit, and Starch; and for prohibiting the making of Low Wines or Spirits from Wheat, Barley, Malt, or any other Sort of Grain, or from Meal or Flour; and to allow the Transportation of Wheat, Barley, Oats, Meal, and Flour, to The Isle of Man, for the Use of the Inhabitants there; and for reviving and continuing an Act made in the same Session, for discontinuing the Duties upon Corn and Flour imported, and upon Corn, Grain, Meal, Bread, Biscuit, and Flour, taken from the Enemy; and to permit the Importation of Corn and Flour into Great Britain and Ireland, in Neutral Ships; and to authorize His Majesty, with the Advice of His Privy Council, to order and permit the Exportation of such Quantities of the Commodities aforesaid as may be necessary for the Sustentation of any Forces in the Pay of Great Britain, or of those of His Majesty's Allies acting in Support of the common Cause; and to prohibit the Payment of any Bounty upon the Exportation of any of the said Commodities to be made during the Continuance of this Act." And albeit the said Act by you Our said Subjects, the Lords and Commons in this Our present Parliament assembled, is fully agreed and consented unto; yet, nevertheless, the same is not of Force and Effect in the Law, without Our Royal Assent given and put to the said Act: 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 Act, and to all Articles, Clauses, and Provisions, therein contained; and have fully agreed and assented to the said Act; willing that the said Act, 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 Robert Henley Knight, Keeper 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 Matthew Archbishop of Canterbury Primate and Metropolitan of all England, Our said Keeper of Our Great Seal of Great Britain, Our Right Trusty and Right Well beloved Cousins and Counsellors John Earl Granville President of Our Council, Richard Earl Temple Keeper of Our Privy Seal, Our Right Trusty and Right Entirely Beloved Cousins and Counsellors John Duke of Rutland Steward of Our Household, William Duke of Devonshire Chamberlain of Our Household, John Duke of Bedford Lieutenant General and General Governor of Our Kingdom of Ireland, Charles Duke of Marlborough Master General of Our Ordnance, Archibald Duke of Argyll, Thomas Holles Duke of Newcastle First Commissioner of Our Treasury, Lionel Cranfield Duke of Dorset, Our Right Trusty and Right Well-beloved Cousins and Counsellors Robert Earl of Holdernesse One of Our Principal Secretaries of State, William Henry Earl Rochford Groom of Our Stole, George Dunk Earl of Halifax, Granville Leveson Earl Gower Master of Our Horse, Philip Earl of Hardwicke, and Our Right Trusty and Well-beloved Counsellors George Lord Anson First Commissioner of Our Admiralty, and William Lord Mansfield Our Chief Justice assigned to hold Pleas before Us, 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 Act 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 Act 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 Act shall be taken, accepted, and admitted, a good, sufficient, and perfect Act of Parliament and Law, 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 Ninth Day of December, in the Thirty-first Year of Our Reign.

"By the King Himself, signed with His own Hand.

"Yorke & Yorke."

Then the Lord Keeper 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 Act 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 Title of the Bill to be passed, as follows:

"1. An Act for continuing certain Laws made in the last Session of Parliament, for prohibiting the Exportation of Corn, Malt, Meal, Flour, Bread, Biscuit, and Starch; and for prohibiting the making of Low Wines and Spirits from Wheat, Barley, Malt, or any other Sort of Grain, or from Meal or Flour; and to allow the Transportation of Wheat, Barley, Oats, Meal, and Flour, to The Isle of Man, for the Use of the Inhabitants there; and for reviving and continuing an Act made in the same Session, for discontinuing the Duties upon Corn and Flour imported, and upon Corn, Grain, Meal, Bread, Biscuit, and Flour, taken from the Enemy; and to permit the Importation of Corn and Flour into Great Britain and Ireland in Neutral Ships; and to authorize His Majesty, with the Advice of His Privy Council, to order and permit the Exportation of such Quantities of the Commodities aforesaid as may be necessary for the Sustentation of any Forces in the Pay of Great Britain, or of those of His Majesty's Allies acting in Support of the common Cause; and to prohibit the Payment of any Bounty upon the Exportation of any of the said Commodities to be made during the Continuance of this Act."

To this Bill the Royal Assent was pronounced, by the Clerk Assistant, in these Words; videlicet,

"Le Roy le veult."

Then the Commons withdrew.

The House was adjourned during Pleasure.

The House was resumed.

Gouldney against Hayward.

The Answer of William Hayward Esquire, to the Appeal of Thomas Gouldney and others, was brought in.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, decimum tertium diem instantis Decembris, hora undecima Auroræ, Dominis sic decernentibus.