House of Lords Journal Volume 28: November 1754

November 1754

Anno 28^o Georgii Secundi.

DIE Jovis, 14^o Novembris, 1754.

DIE Jovis, 14^o Novembris, 1754, Annoque Regni Serenissimi Domini Nostri Georgii Secundi, Dei Gratia, Magnæ Britanniæ, Franciæ, & Hib'niæ Regis, Fidei Defensoris, &c. Vicesimo octavo, in quem Diem hæc Secunda Sessio Parliamenti, per separales 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, sitting in his Place on His Majesty's Left Hand (the Lords being also in their Robes); the Gentleman Usher of the Black Rod received His Majesty's Commands, to let the Commons know, "It is His Majesty's Pleasure, that they attend Him immediately, in this House."

Who being come, with their Speaker;

His Majesty spake as follows; videlicet,

His Majesty's Speech.

"My Lords, and Gentlemen,

"It is with great Pleasure that I meet you in Parliament, at a Time when the late Elections have afforded My People an Opportunity of giving fresh Proofs of their Duty and Affection to My Person and Government, in the Choice of their Representatives.

"The general State of Affairs in Europe has received very little Alteration since your last Meeting. But I have the Satisfaction to acquaint you, that I have lately received the strongest Assurances from My good Brother the King of Spain, of His firm Resolution to cultivate Friendship and Confidence with Me, with reciprocal Acts of Harmony and good Faith; and that He will persevere in these Sentiments. It shall be My principal View, as well to strengthen the Foundations, and secure the Duration, of the general Peace, as to improve the present Advantages of it, for promoting the Trade of My good Subjects, and protecting those Possessions which make One great Source of Our Commerce and Wealth.

"The Plan formed by the last Parliament, for appropriating the Forfeited Estates in The Highlands to the Publick Benefit, appears to be of such National Importance, that I am persuaded you will not omit any proper Opportunity of compleating it. Let Me also recommend it to you, to make such further Provisions, as may be expedient for perpetuating the due Execution of the Laws, and the just Authority of My Government, in that Part of the United Kingdom.

"Gentlemen of the House of Commons,

"I have ordered the Estimates for the ensuing Year to be prepared and laid before you: The Supplies which I have to ask of you are such as shall be necessary for the ordinary Services, for the Execution of such Treaties as have been communicated to you, for consolidating and maintaining that System of Tranquillity which is My great Object; and, at the same Time, for securing ourselves against any Encroachments.

"The gradual Reduction of the National Debt, which has been so wisely and successfully begun, will, I make no Doubt, have your serious and constant Attention.

"My Lords, and Gentlemen,

"It is unnecessary for Me to use any Arguments to press upon you Unanimity and Dispatch in your Proceedings. I have had such ample Experience of the Fidelity, Zeal, and good Disposition, of My Parliaments, during the Course of My Reign, that, I trust, there is a mutual Confidence established between us, the surest Pledge of My Own and My People's Happiness."

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

PRAYERS.

Lords take the Oaths.

His Royal Highness the Duke of Cumberland took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

After which, the Lords following did the same; videlicet,

Matthew Lord Archbishop of York.

Edward Duke of Somerset.

George Duke of St. Albans.

Harry Duke of Bolton.

John Duke of Bedford.

William Duke of Portland.

William Marquis of Lothian.

Charles Marquis of Rockingham.

Sackville Earl of Thanet.

Anne Holles Earl of Essex.

Henry Earl of Carlisle.

John Earl of Radnor.

George Earl of Warrington.

John Earl Poulett.

John Earl of Loudoun.

John Earl of Breadalbane.

Charles Earl of Tankerville.

William Earl Cowper.

James Earl Waldegrave.

William Earl Fitzwilliam.

Charles Earl Cornwallis.

Henry Earl of Darlington.

David Viscount Stormont.

Joseph Lord Bishop of Rochester.

James Lord Bishop of Hereford.

Frederick Lord Bishop of Litchfield and Coventry.

William Lord Bishop of Chichester.

Ferdinando Dudley Lord Dudley.

Hugh Lord Willoughby of Parham.

James Lord Strange.

George Lord Hay.

Matthew Ducie Lord Ducie.

D. of Bolton takes his Seat;

This Day Harry Duke of Bolton sat first in Parliament, after the Death of his Brother Charles Duke of Bolton.

E. of Thanet also;

Also, Sackville Earl of Thanet sat first in Parliament, after the Death of his Father Sackville Earl of Thanet.

and the E. of Essex.

Likewise, Anne Holles Earl of Essex sat first in Parliament, after the Death of his Father William Earl of Essex.

Select Vestries regulating, Bill.

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

The Lord Chancellor reported His Majesty's Speech.

And the same being read by the Clerk:

Order for an Address.

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 declare our entire Satisfaction in His Majesty's Views to strengthen the Foundations, and secure the Duration, of the general Peace; and our grateful Sense of His Royal Concern for promoting our Commerce, and securing our Possessions against any Encroachments.

"To express our Hopes, that the friendly Assurances which His Majesty has lately received from Spain will be attended with very salutary Effects for those important Ends.

"To assure His Majesty of our Readiness to concur in all such Provisions as may render the Plan for appropriating the Forfeited Estates in The Highlands to the publick Benefit as useful and perfect as possible; and to enforce the Execution of his Laws, and secure the Authority of His Government, in that Part of the Kingdom.

"To give His Majesty the strongest Assurances of our inviolable Duty and Fidelity to His Sacred Person and Government; and of our Resolution to strengthen His Hands, for preserving the Peace, supporting the Honour of His Crown, and maintaining the Rights and Possessions of His Kingdoms; to demonstrate to the World the Firmness of that Confidence which is so happily established between His Majesty and His Parliament, as well as our Zeal to transmit to our Posterity the Blessings of His Reign in the Perpetuity of the Protestant Succession in His Royal House."

Then the Lords following were appointed a Committee, to draw an Address pursuant to the said Order; and report to the House; 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.

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

After some Time, the House was resumed.

Address reported:

And the Earl of Waldegrave reported from the said 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; videlicet,

"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.

"We are truly sensible of Your Majesty's wise and publick-spirited Views, to strengthen the Foundations, and secure the Duration, of the general Peace, in which every Part of Europe is so nearly interested: And nothing can excite our warmest Gratitude more than that Concern which You are pleased to express, that the Advantages of this Peace may be rendered lasting to Your People, by promoting their Commerce, and protecting those Possessions which are so essential to it, and are an Object of the Publick Care never to be departed from by this Country.

"The friendly Assurances which Your Majesty has lately received from the King of Spain give us great Satisfaction; as we promise ourselves that they will be followed with very salutary Effects, for advancing the important Ends already mentioned, in which both Nations will find a reciprocal Benefit.

"Your Majesty's Goodness to Your People, in consenting to apply the Forfeited Estates in The Highlands to those publick Uses to which they stand appropriated by the last Parliament, will always be thankfully remembered by us. We shall, with the greatest Readiness, concur in any Provisions that may render that Measure as perfect and useful as possible, for improving that Part of the United Kingdom, and preserving its Tranquillity.

"The enforcing the due Course and Execution of the Laws, and securing the Authority of Your Majesty's Government there, of which those Laws have always been the Rule, are one and the same Object; which will not fail to meet with our constant Attention.

"Permit us, Sir, to take this Opportunity to renew the most solemn Assurances of our inviolable Fidelity and Affection to Your Sacred Person and Government. In this, our Duty and our Interest unite, and are inseparable. Our Resolution is fixed and unalterable, to strengthen Your Majesty's Hands, for preserving the Peace, supporting the Honour of Your Crown, and maintaining the Rights and Possessions of Your Kingdoms against any Encroachments. The Maxim graciously laid down by Your Majesty, "that a mutual Confidence between You and Your Parliament is the surest Pledge of the Happiness both of King and People," is highly worthy a British Monarch: And it shall be our zealous Endeavour, to demonstrate to the World the Stability of that Confidence; and, under the Protection of the Divine Providence, to transmit to our Posterity the Blessings of Your Majesty's Reign in the Perpetuity of the Protestant Succession in Your Royal House."

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 be pleased to appoint to be attended therewith.

Committee of Privileges.

Lords Committees appointed to consider of the Orders and Customs of this House, and the 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 of the 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 Journals 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 this Parliament; and that no Carriages, Drays, or Carts, be permitted to pass through the said Streets and Passages, between Charing Cross and The Old Palace Yard, between the Hours aforesaid, during the Sitting of this Parliament; and herein special Care is to be taken, by the said Deputy Steward, Justices of the Peace, Constables, and all other Officers herein concerned, as the contrary will be answered to this House: And it is further Ordered, That the High Bailiff of the City of Westminster, and the Justices of the Peace for the City and Liberty thereof, or some of them, residing in Westminster, be served with the Order of this House, made this Day, for the Purposes aforesaid.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Veneris, decimum quintum diem instantis Novembris, hora undecima Auroræ, Dominis sic decernentibus.

DIE Veneris, 15^o Novembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

His Majesty to be attended with Address.

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

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Mercurii, vicesimum diem instantis Novembris, hora undecima Auroræ, Dominis sic decernentibus.

DIE Mercurii, 20^o Novembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

York Buildings Company Annuitants against D. of Norfolk & al.

This Day the Answer of Edward Duke of Norfolk, John Sutton Esquire, Sir Robert Clifton, the Representatives of Sir Alexander Murray of Stanhope Baronet, deceased, Sir Archibald Grant Baronet, the Representative of George Wade Esquire Field Marshal of His Majesty's Forces, Alexander Ouchterlony, William Nelson, Richard Graham, and Peter Murdock, Merchants, Mr. Hew Crawford Factor for the said Duke of Norfolk and his Partners, and of His Majesty's Advocate for Scotland, to the Appeal of James Peachy and others, Trustees for the Annuitants of the York Buildings Company, was brought in.

Urquhart against the Heretors of Cromarty & al.

As was also the Answer of the Heretors or Landholders of the Parish of Cromarty, the Members of the Presbytery of Chanonry, and of His Majesty's Advocate for Scotland, to the Cross Appeal of William Urquhart of Meldrum Esquire.

Sir D. Ryder, Chief Justice of the King's Bench, appointed Speaker, by Commission.

The Lord Chancellor being absent, the Lords were informed, "That His Majesty had been pleased to grant a Commission, under the Great Seal, to Sir Dudley Ryder Knight, Lord Chief Justice of the Court of King's Bench, to supply the Room and Place of Lord Chancellor, in this House, in his Absence."

Whereupon the said Commission was 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 Well-beloved Counsellor Sir Dudley Ryder Knight, Our Chief Justice assigned to hold Pleas before Us, Greeting. Whereas, by Our Letters Patent under Our Great Seal of Great Britain, bearing Date at Westminster, the Eighteenth Day of March, in the Twenty-seventh Year of Our Reign, We did constitute, authorize, and appoint, Our Right Trusty and Well-beloved Counsellor John Lord De La War to supply the Room and Place of Lord Chancellor, in the Upper House of Parliament, during the Absence of Our Right Trusty and Well-beloved Counsellor Philip then Lord Hardwicke, now Earl of Hardwicke, Our Chancellor of Great Britain, and to do and execute divers Powers in Our said Letters Patent contained and specified, as by Our said Letters Patent more at large appears: Now know ye, that We have revoked, determined, and made void, and, by these Presents, do revoke, determine, and make void, Our said recited Letters Patent, and all Things therein contained: And further know ye, that We, trusting in the approved Fidelity, Wisdom, and Discretion, of you the said Sir Dudley Ryder, have constitued, named, and appointed, and by these Presents do constitute, name, and authorize, you the said Sir Dudley Ryder, from Time to Time, to use and supply the Room and Place of Lord Chancellor of Great Britain, in the Upper House of Parliament, amongst the Lords Spiritual and Temporal there assembled, during the Absence of Our said Right Trusty and Right Wellbeloved Cousin and Counsellor Philip Earl of Hardwicke Our Chancellor of Great Britain from his accustomed Place in Our said Upper House of Parliament; and then and there to do and execute all such Things which Our said Chancellor of Great Britain, using and supplying the said Room and Place, should or might do in that Behalf. Wherefore We will and command you the said Sir Dudley Ryder to attend, and execute the Premises with Effect: And these Our Letters Patent shall be your sufficient Warrant and Discharge for the same in every Behalf. In Witness whereof, We have caused these Our Letters to be made Patent.

"Witness Ourself, at Westminster, the Nineteenth Day of November, in the Twenty-eighth Year of Our Reign.

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

"Yorke and Yorke."

Then the said Lord Chief Justice was called upon, by the Lords, to take his Place on the Woolsack; and their Lordships appointed the Mace to be laid thereupon, and carried before him.

PRAYERS.

E. of Northampton takes his Seat.

This Day George Earl of Northampton sat first in Parliament, after the Death of his Brother James Earl of Northampton; 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.

Lords take the Oaths.

The Lords following also took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes; videlicet,

Daniel Earl of Winchilsea and Nottingham.

George Earl of Macclesfield.

Frederick Viscount Bolingbroke.

John Lord Bishop of Lincoln.

Robert Lord Romney.

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 the Accounts of prohibited East India Goods, and Naval Stores imported, from Michaelmas 1753, to Michaelmas 1754; and also an Account of prohibited East India Goods delivered out of the Warehouses, to be glazed, refreshed, &c. for the same Time."

And then they were directed to withdraw.

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

"N^o 1. An Account of prohibited East India Goods remaining in the East India Warehouses in St. Helens, in the Port of London, at Michaelmas 1753; also what brought in since, what exported, also what remained in the said Warehouses at Michaelmas 1754."

"N^o 2. An Account of East India prohibited Goods remaining in the East India Warehouses at Leadenhall and Fenchurch Street at Michaelmas 1753; what have since been brought in, what exported, as also what remained at Michaelmas 1754."

"N^o 3. An Account of prohibited East India Goods remaining in His Majesty's Warehouse in the Port of London at Michaelmas 1753; what have been since brought in, what exported, as also what remained at Michaelmas 1754."

"N^o 4. An Account of East India Goods prohibited to be worn in this Kingdom, in the respective Warehouses in the Out Ports, at Michaelmas 1753; what have been since brought in, what exported, as also what remained at Michaelmas 1754."

"N^o 5. An Account of prohibited East India Goods, which have been delivered out of the Warehouses at Saint Helens, Leadenhall Street, Fenchurch Street, and Custom-house, in the Port of London, at Michaelmas 1753, in order to be dyed, glazed, &c.; what has been returned, and what remained out of the said Warehouses at Michaelmas 1754."

"N^o 6. An Account of Naval Stores imported from Russia, into the Port of London, from Michaelmas 1753, to Michaelmas 1754."

"N^o 7. An Account of Naval Stores imported from Russia, into the Ports of England commonly called the Out Ports, from Michaelmas 1753, to Michaelmas 1754."

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

Leheup's Pet. referred to Judges.

Upon reading the Petition of Peter Leheup the Younger Esquire and Sarah his Wife; praying Leave to bring in a Bill, for Sale of Part of a settled Estate in the County of Cambridge; and for laying out the Money arising thereby in the Purchase of another Estate, to be settled to the same Uses:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Baron of the Court of Exchequer and Mr. Baron Adams; who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties who may be concerned in the Consequences of the Bill have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

His Majesty's Advocate against D. of Gordon.

The House being moved, "That Monday the Tenth Day of March next may be appointed, for hearing the Cause wherein His Majesty's Advocate for Scotland is Appellant, and Alexander Duke of Gordon an Infant, by his Tutors and Curators, is Respondent:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Monday the Tenth Day of March next, as desired.

Time limited for receiving Petitions for Private Bills.

Ordered, That this House will not receive any Petition for a Private Bill, after Tuesday the Twenty-first Day of January next, during this Session of Parliament.

Written Protections Under Sneriff of Middlesex to attend with Accounts of.

Ordered, That the Under Sheriff of Middlesex, the Secondaries of the Two Compters in London, as also the High Bailiff of the City and Liberty of Westminster, do attend this House on Tuesday next; and bring with them all written Protections given by any Lord of this House, in their or any of their Custody or Power, or entered in their respective Offices, if any such they have.

The House being moved, "To adjourn till Tuesday next:"

Time for prosecuting Appeals extended.

Notice was taken, "That the Time limited by the Standing Orders of this House, of the 5th of April 1720, requiring Appeals to be prosecuted within Eight Days from the First Day of every Session or Meeting of Parliament, expires on Friday next:"

Ordered, That the Time limited for that Purpose be extended to the next Sitting Day of the House.

Adjourn.

Dudleius Ryder Miles, Capitalis Justiciarius Banci Regii, declaravit præsens Parliamentum continuandum esse usque ad & in diem Martis, vicesimum sextum diem instantis Novembris, hora undecima Auroræ, Dominis sic decernentibus.

DIE Martis, 26^o Novembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

E. of Exeter takes his Seat.

This Day Brownlowe Earl of Exeter sat first in Parliament, after the Death of his Father Brownlowe Earl of Exeter; 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. Durham and L. Weston take the Oaths.

Richard Lord Bishop of Durham and Charles Lord Weston took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

The Lord Chancellor reported, "That the House did, on Friday the 15th Instant, attend His Majesty, with their Address; to which His Majesty was pleased to return the following most Gracious Answer; videlicet,

His Majesty's Answer to the Address.

"My Lords,

"I return you My hearty Thanks, for this very dutiful and affectionate Address. The Zeal you express for My Person and Government, and for maintaining the Rights and Possessions of My Crown, cannot fail to have the best Effects both at Home and Abroad. The Confidence which you repose in Me shall always be made Use of for the true Interest of My People."

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

Written Protections, Return of Under Sheriff of Middlesex to the Order about them.

The House being informed, "That the Under Sheriff of Middlesex, the Secondaries of the Two Compters in London, and the High Bailiff of Westminster, attended, pursuant to the Order of this House on Wednesday last:"

They were called in; and, at the Bar, severally declared, That they had not any written Protection of any Peer or Lord of Parliament in their Custody, or entered in their respective Offices."

And then they withdrew.

Turner and Spelman Petition referred to Judges:

Upon reading the Petition of William Turner and Edward Spelman Esquires; praying Leave to bring in a Bill, for rectifying some Defects in certain Common Recoveries therein mentioned; and rendering the same as valid and effectual, for the Purposes thereby intended, as if they had been regularly and in due Course of Law had, suffered, and perfected:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Justice Foster and Mr. Baron Legge; who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties who may be concerned in the Consequences of the Bill have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

Respondents peremptorily to answer Houghton's Appeal.

The House was informed, "That Sir Henry Tuite, and Anthony Malone, and Edmund Malone Esquires, Three of the Respondents to the Appeal of Arthur Houghton Esquire, had not put in their Answer thereunto, though duly served with the Order of this House for that Purpose."

And thereupon an Affidavit of the due Service of the said Order being read:

Ordered, That the said Respondents do put in their Answer to the said Appeal peremptorlly in a Week.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, vicesimum octavum diem instantis Novembris, hora undecima Auroræ, Dominis sic decernentibus.

DIE Jovis, 28^o Novembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

L. Bruce introduced:

Thomas Bruce Brudenell Lord Bruce, claiming by virtue of a Special Limitation contained in a Patent granted to his Uncle Charles late Earl of Aylesbury, bearing Date the 17th Day of April in the 19th Year of the Reign of His present Majesty, was this Day (in his Robes) introduced, between the Lord Sandys and Lord Anson (also in their Robes); the Gentleman Usher of the Black Rod, Norroy King at Arms, the Deputy Lord Great Chamberlain, and the Deputy Earl Marshal of England, preceding.

His Lordship, on his Knee, presented the said Patent to the Lord Chancellor, at the Woolsack; who delivered it to the Clerk; and the same was read, at the Table.

His Lordship's Writ of Summons was also read, as follows:

His Writ of Summons.

"George the Second, by the Grace of God, of Great Britain, France, and Ireland, King, Defender of the Faith, &c.; To Our Right Trusty and Well-beloved Thomas Bruce Chevalier, Greeting. Whereas, by the Advice and Assent of Our Council, for certain arduous and urgent Affairs, concerning Us, the State and Defence of Our Kingdom of Great Britain and the Church, We have ordered a certain Parliament to be holden at Our City of Westminster, on the Thirty-first Day of May next ensuing, and there to treat and have Conference with the Prelates, Great Men, and Peers of Our Realm; We, strictly enjoining, command you, upon the Faith and Allegiance by which you are bound to Us, that, the Weightiness of the said Affairs and imminent Perils considered, (waiving all Excuses) you be, at the said Day and Place, personally present with Us, and with the said Prelates, Great Men, and Peers, to treat and give your Counsel upon the Affairs aforesaid; and this, as you regard Us and Our Honour, and the Safety and Defence of the said Kingdom and Church, and Dispatch of the said Affairs, in no wise do you omit.

"Witness Ourself, at Westminster, the Ninth Day of April, in the Twenty-seventh Year of Our Reign.

"Strange, Assheton."

Then his Lordship came to the Table; and took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes; and was afterwards placed in his due Place.

Lords take the Oaths.

The Lords following also took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes; videlicet,

Archibald Duke of Argyll.

George Earl of Orford.

John Earl of Portsmouth.

George Lord Bishop of Exeter.

D. of Douglas against Lockhart and Somervel.

Upon reading the Petition and Appeal of Archibald Duke of Douglas; complaining of an Interlocutor of the Lord Ordinary in Scotland, of the 28th of July 1752; and also of Three Interlocutors of the Lords of Session, of the 19th of December 1752, the 20th of July and 18th of December 1753; and praying, "That the same may be reversed or varied, and such Relief given the Appellant as to this House shall seem just; and that John Lockhart of Lee, and James Somervel of Corehouse, may be required to put in their Answer to the said Appeal:"

It is Ordered, That the said John Lockhart and James Somervel 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 26th Day of December next; and Service of this Order on their known Attornies or Agents before the Court of Session in Scotland shall be deemed good Service.

M. Dow. of Annandale against M. of Annandale & al.

Upon reading the Petition and Appeal of the most Honourable Charlotta Johnston Marchioness Dowager of Annandale; complaining of an Interlocutor of the Lords of Session in Scotland, of the 1st Day of August 1754; and of an Interlocutor of the Lord Ordinary, of the Second of the same Month, made on the Behalf of George Marquis of Annandale, Ronald Crawford the Receiver of the Rents of the Estate of Annandale, and the Tenants of the same Estate; and praying, "That the said Interlocutors may be reversed; and that the Appellant may have such further and other Relief as to this House in their great Wisdom shall seem meet:"

It is Ordered, That the said Marquis of Annandale, Ronald Crawford, and the said Tenants, 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 26th Day of December next; and Service of this Order on the said Ronald Crawford shall be deemed good Service.

Murray and His Majesty's Advocate against Thomson & al.

Upon reading the Petition and Appeal of James Murray Esquire, Receiver General of His Majesty's Customs in Scotland, and of His Majesty's Advocate on Behalf of His Majesty; complaining of an Interlocutor of the Lords of Session in Scotland, of the 17th of November 1753; and also of another Interlocutor of the same Lords, of the 18th of July 1754, whereby they adhered to their former Interlocutor; and praying, That the same may be reversed, and such other Relief given the Appellants as to this House in their great Wisdom shall seem meet; and that Andrew Thomson Advocate in Aberdeen, and the other Creditors of John Burnet Merchant, may be required to put in their Answer to the said Appeal:"

It is Ordered, That the said Andrew Thomson and the other Creditors of the said John Burnet 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 26th Day of December next; and Service of this Order on any of their Procurators or Agents shall be deemed good Service.

Hill & al. against Sir A. Grant.

Upon reading the Petition and Appeal of Edward Hill Esquire and Catherine his Wife, Mary Burroughs Widow and sole Executrix of Lieutenant Colonel William Burroughs, deceased, and John Powlet Esquire and Frances his Wife; which said Catherine, Mary, and Frances, are the only Daughters and Coheiresses of Henry Cartwright Esquire, deceased, and John Hamilton Writer to His Majesty's Signet their Attorney; complaining of Part of an Interlocutor of the Lord Ordinary in Scotland, of the 27th of January 1750, and also of Part of an Interlocutor of the Lords of Session, of the 24th of July 1752; and of an Interlocutor of the said Lords, of the 25th of July 1752, and also of Part of another Interlocutor of the said Lords, of the 11th of July 1754; and praying, "That the same may be reversed, varied, or altered; and that the Appellants may have such other Relief in the Premises as this House shall think fit; and that Sir Archibald Grant of Monimusk Baronet may be required to put in his Answer to the said Appeal:"

It is Ordered, That the said Sir Archibald Grant may have a Copy of the said Appeal; and do put in his Answer thereunto, in Writing, on or before Thursday the 26th Day of December next; and Service of this Order on his Procurator or Agent before the Court of Session in Scotland shall be deemed good Service.

Lewis against Sir H. Blunt & al.

Upon reading the Petition and Appeal of Percival Lewis Esquire; complaining of an Order of the Court of Exchequer, of the 25th of June 1754, so far as the same hath over-ruled the Appellant's First Exception to the Deputy Remembrancer's Report; and praying, "That the said Order may be reversed; and that the said Deputy may be directed to give the Appellant Credit in the Accompt for the Sum of Three Thousand Six Hundred Pounds, as lent on his Subscription Receipt, in the said Appeal mentioned; and that he may have such further and other Relief in the Premises as to this House in their great Wisdom shall seem meet; and that Sir Henry Blunt Robinson Knight, Michael Impey, and John Fremantle, may be required to put in their Answer to the said Appeal:"

It is Ordered, That the said Sir Henry Blunt Robinson Knight, Michael Impey, and John Fremantle, 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 Twelfth Day of December next.

Sir J. Cockburn against Sir J. Cockburn & al.

Upon reading the Petition and Appeal of Sir James Cockburn Baronet, Apparent Heir Male of the Family of Langtoun; complaining of Two Interlocutors of the Lords of Session in Scotland, of the 14th of December 1744, and 23d of July 1747; and also of Two Interlocutors of the Lord Ordinary, both dated the 21st Day of November 1747; and alleging, "That he was a Minor at the Time of pronouncing the same, and did not attain his Age of Twenty-one Years till the 11th Day of January 1752;" and praying, "That the said Interlocutors may be reversed, varied, or altered; and that this House will give the Appellant such other Relief in the Premises as to their Lordships shall seem meet; and that Sir James Cockburn of that Ilk, Mr. Thomas Hay, Sir James Stewart of Cultness, Sir John Stewart of Allanbank, and Mr. Archibald Inglis of Archindenny, and others, Creditors of the Estate of Langtoun, or their Representatives, may be required to put in their Answer to the said Appeal:"

It is Ordered, That the said Sir James Cockburn, Thomas Hay, Sir James Stewart, Sir John Stewart, Archibald Inglis, and others, Creditors of the Estate of Langtoun, or their Representatives, 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 26th Day of December next; and Service of this Order upon their Procurators or Agents in the Courts below shall be deemed good Service.

His Majesty's Advocate against Sir L. Mackenzie.

Upon reading the Petition and Appeal of Robert Dundas Esquire, His Majesty's Advocate for Scotland, on Behalf of His Majesty and the Publick; complaining of an Interlocutor of the Lord Ordinary in Scotland, of the 7th of March 1753; and of an Interlocutor of the Lords of Session, of the 10th of July 1753, whereby they adhered to the said Interlocutor of the Lord Ordinary; and also of an Interlocutor of the said Lords, of the 9th of March 1754; and praying, "That the said Interlocutors may be reversed or varied; and that this House will grant the Appellant such other Relief as to their Lordships shall seem meet; and that Sir Lewis Mackenzie of Seatwell may be required to put in his Answer to the said Appeal:"

It is Ordered, That the said Sir Lewis Mackenzie may have a Copy of the said Appeal; and do put in his Answer thereunto, in Writing, on or before Thursday the 26th Day of December next; and Service of this Order on any of his Counsel or Agents in the Court of Session in Scotland shall be deemed good Service.

Bor against Bor.

Upon reading the Petition and Appeal of Gerard Bor, a Minor of the Age of Seven Years or thereabouts, by William Cooper Esquire, his Guardian; complaining of a Decree of the Court of Chancery in Ireland, of the 8th of June 1753; and praying, "That the same may be reversed or varied; and that this House will give the Appellant such further and other Relief in the Premises as to their Lordships in their great Wisdom shall seem meet; and that Jacob Bor may be required to put in his Answer to the said Appeal:"

It is Ordered, That the said Jacob Bor may have a Copy of the said Appeal; and do put in his Answer thereunto, in Writing, on or before Thursday the Second Day of January next; and Service of this Order on his Six Clerk, or Agent, shall be deemed good Service.

Moreau's Pet. for a Bill of Divorce:

Upon reading the Petition of David Moreau Esquire; praying Leave to bring in a Bill, to dissolve his Marriage with Susannah Bent his now Wife; and to enable him to marry again:

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 Raymond presented to the House a Bill, intituled, "An Act to dissolve the Marriage of David Moreau Esquire with Susannah Bent his now Wife; and to enable him to marry again; and for other Purposes therein mentioned."

And the same was read the First Time.

Ordered, That the said Bill be read a Second Time on Tuesday the 17th Day of December next, and Notice thereof affixed on the Doors of this House; and the Lords to be summoned; and that the said David Moreau may be heard, by his Counsel, at the said Second Reading, to make out the Truth of the Allegations of the Bill; and that the said Susannah Bent may have a Copy of the said Bill; and that Notice be given her of the said Second Reading; and that she be at Liberty to be heard, by her Counsel, what she may have to offer against the said Bill, at that Time.

Mercers Company, Accompts deliveted.

The House being informed, "That Mr. Crumpe, from the Mercers Company, attended:"

He was called in; and delivered, at the Bar, pursuant to an Act of Parliament of the 21st Year of His present Majesty,

"Accompts of the said Company, from the 10th of October 1753, to the 10th of October 1754."

And then he was directed to withdraw.

And the Title thereof being read, by the Clerk:

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

Out Pensioners of Chelsea Hospital, Bill.

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

With a Bill, intituled, "An Act for Relief of the Out Pensioners of the Royal Hospital at Chelsea;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, tertium diem Decembris jam prox. sequen. hora undecima Auroræ, Dominis sic decernentibus.