House of Lords Journal Volume 28: November 1755

November 1755

Anno 29^o Georgii Secundi.

DIE Jovis, 13^o Novembris, 1755.

DIE Jovis, 13^o Novembris, 1755, Annoque Regni Serenissimi Domini Nostri Georgii Secundi, Dei Gratia, Magnæ Britanniæ, Franciæ, & Hib'niæ Regis, Fidei Defensoris, &c. Vicesimo Nono, in quem Diem hæc Tertia 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) 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,

"The present critical Conjuncture of Affairs, and My constant Inclination to have the Advice and Assistance of My Parliament on all important Occasions, have made Me desirous to meet you here as early as possible.

"Since your last Session, I have taken such Measures as might be most conducive to the Protection of our Possessions in America, and to the re-gaining of such Parts thereof as had been encroached upon or invaded, in Violation of the Peace, and contrary to the Faith of the most solemn Treaties.

"For this Purpose, the Maritime Force of this Kingdom has been got ready with the utmost Application and Expedition, and been principally employed: Some Land Forces have been sent from hence to North America; and all proper Encouragement has been given to the several Colonies there, to exert themselves in their own Defence, and in the Maintenance of the Rights and Possessions of Great Britain.

"With a sincere Desire to preserve My People from the Calamities of War, as well as to prevent, in the Midst of these Troubles, a general War from being lighted up in Europe, I have been always ready to accept reasonable and honourable Terms of Accommodation; but none such have hitherto been proposed on the Part of France. I have also confined My Views and Operations to hinder France from making new Encroachments, or supporting those already made; to exert our Right to a Satisfaction for Hostilities committed in a Time of profound Peace; and to disappoint such Designs as, from various Appearances and Preparations, there is Reason to think, have been formed against My Kingdoms and Dominions.

"By these Methods, I have pursued the Plan which I formerly pointed out to you, and for which I had the Satisfaction to receive the strongest Assurances of your vigorous Support.

"What other Power can object to Proceedings so absolutely necessary to our own Defence and Security? My good Brother the King of Spain sees with Concern these Differences; and the Part which He generously takes in the common Welfare of Europe makes Him earnestly wish the Preservation of the publick Tranquillity: He has also given Assurances, that He will continue in the same pacisick Sentiments.

"In pursuing these great Ends, I make no Doubt of the vigorous and chearful Support of My Parliament; and that, whilst I am engaged in this just and National Cause, the affectionate Assurances which they gave Me the last Session will be effectually made good. In Consequence thereof, I have greatly increased My Naval Armaments, augmented My Land Forces in such a Manner as might be the least burthensome, and have concluded a Treaty with the Empress of Russia, and another with the Landgrave of Hesse Cassell, which shall be laid before you.

"Gentlemen of the House of Commons,

"I have ordered the proper Officers to lay before you Estimates for the Services of the ensuing Year; and likewise Accompts of the extraordinary Expenses which have been made this Year, in Pursuance of the Power given Me by Parliament. I see with great Concern, that the necessary Services before mentioned will require large Supplies: I ask only such as shall be requisite for the effectual carrying on of those Measures which shall be necessary to support what has been begun, according to your Inclination, for the Security of My Kingdoms and Dominions, and for the Purposes which have been already mentioned to you. Whatever you grant shall, with the strictest Oeconomy, be applied to those Uses only for which it shall be given.

"My Lords, and Gentlemen,

"I rely upon your Duty and good Affections, which I have so often experienced. There never was a Situation in which My Honour, and the essential Interests of Great Britain, called more strongly for your Zeal, Unanimity, and Dispatch."

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

PRAYERS.

Lords take their Seats.

This Day Henry Earl of Pembroke sat first in Parliament, after the Death of his Father Henry Earl of Pembroke:

Also, Basil Earl of Denbigh sat first in Parliament, after the Death of his Father William Earl of Denbigh:

Also, Thomas Lord Viscount Weymouth sat first in Parliament, after the Death of his Father Thomas Viscount Weymouth:

And also, Thomas Barrett Lord Dacre sat first in Parliament, upon the Death of his Mother Anne Baroness Dacre:

Their Lordships, together with Hugh Earl of Marchmont and Heneage Earl of Aylesford, 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.

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:

It was proposed,

Proposal for Address on His Majesty's Speech.

"To Resolve, 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 just Sense of His Majesty's tender Regard for His People, in being desirous to preserve them from the Calamities of War; and, at the same Time, in not yielding to any Terms of Accommodation that were not reasonable and honourable.

"To declare our Conviction of the high Importance of the British Possessions and Rights in America to the Trade and Well-being of these Kingdoms; and our Gratitude to His Majesty, for exerting His Royal Care and Vigilance to protect them from Invasion and Insult, and to redress such Encroachments as had been already made.

"To express our Surprize, that, in a Time of full Peace, and contrary to the Faith of the most solemn Treaties, Hostilities should have been committed on the Part of France; and to thank His Majesty, for having increased His Maritime Armaments with so great Application and Expedition, and for augmenting His Land Forces, at the same Time that His Majesty has given Encouragement to the Colonies to exert their Strength on this Occasion, as their Duty, Interest, and common Danger, oblige them to do.

"To acknowledge the Prudence and Magnanimity of His Majesty's Views, to prevent a general War in Europe, and in confining His Operations to those necessary Ends which He has graciously declared to us.

"To express our Satisfaction in the pacifick Declarations of His Catholick Majesty; which are so agreeable to the Amity subsisting between the Two Crowns, and to the general Welfare of Europe.

"To promise His Majesty our most zealous and vigorous Concurrence and Assistance, in this just and National Cause; and that nothing shall be wanting, on our Part, to make good those solemn Assurances which were given to His Majesty the last Session; or to support His Majesty in all such wife and necessary Measures and Engagements as His Majesty may have taken, in Vindication of the Rights of His Crown; or to defeat any Attempt which may be made by France, in Resentment for such Measures; and to assist His Majesty in disappointing or repelling all such Enterprizes as may be formed against His Kingdoms, or against any other of His Dominions, although not belonging to the Crown of Great Britain, in case they shall be attacked on account of the Part taken by His Majesty for the Support of the essential Interests of Great Britain.

"To assure His Majesty of our inviolable Duty and Affection to His Sacred Person; that we look upon the Preservation of His Government, and of the Protestant Succession in His Royal House, as the only Security, under God, of our Religion and Liberties; that no menacing Preparations or Appearances shall deter us from vigorously acting up to these Principles; and that, though we are far from desiring to injure or molest any of our Neighbours, we are ready to sacrifice our Lives and Fortunes in the Defence of His Majesty, and of the Possessions, Commerce, and just Rights, of Great Britain."

Which being objected to; and a Question stated thereupon:

Motion to omit Words in it:

It was moved, "To leave out, in the last Paragraph but One, these Words; videlicet, ["or against any other of His Dominions, although not belonging to the Crown of Great Britain, in case they shall be attacked on account of the Part taken by His Majesty for the Support of the essential Interests of Great Britain."]

After Debate;

The Question was put, "Whether those Words shall stand Part of the Question?"

It was Resolved in the Affirmative.

Protect against rejecting the Motion:

"Dissentient.

"1st, Because the Words of the Address objected to, pledging the Honour of the Nation to His Majesty in the Defence of His Electoral Dominions, at this critical Conjuncture, and under our present encumbered and perilous Circumstances, tend not only to mislead His Majesty into a fallacious and delusive Hope that they can be defended at the Expense of this Country, but seem to be the natural and obvious Means of drawing on Attacks upon those Electoral Dominions; thereby kindling a ruinous War upon the Continent of Europe, in which it is next to impossible that we can prove successful, and under which Great Britain and the Electorate itself may be involved in one common Destruction.

"2dly, Because it is, in Effect, defeating the Intention of that Part of the Act of Settlement (the Second Great Charter of England), whereby it is Enacted, "That, in case the Crown and Imperial Dignity of this Realm shall hereafter come to any Person not being a Native of this Kingdom of England, the Nation be not obliged to engage in any War for the Defence of any Dominions or Territories which do not belong to the Crown of England, without the Consent of Parliament." For if, at this Juncture, under all the Circumstances of our present Quarrel with France, to which no other Prince in Europe is a Party, and in which we do not call for, nor wish to receive, the least Assistance from the Electorate of Hanover, it shall be deemed necessary, in Justice and Gratitude, for this Nation to make the Declaration objected to, there never can be a Situation, or Point of Time, when the same Reasons may not be pleaded, and subsist in their full Force; nor can Great Britain ever engage in a War with France, in the Defence of her most essential Interests, her Commerce, and her Colonies, in which she will not be deprived of the most invaluable Advantages of Situation, bestowed upon her by God and Nature, as an Island.

"3dly, Because, without any such previous Engagement, His Majesty might safely rely upon the known Attachment of this House to His Sacred Person, and upon the Generosity of this Country, famous and renowned in all Times for her Humanity and Magnanimity, that we would set no other Bounds to an Object so desireable, but those of absolute Necessity and Self-preservation, the First and the great Law of Nature.

"Temple."

Ordered, That an Address be presented to His Majesty, according to the foregoing Proposition.

Then the Lords following were appointed a Committee, to prepare an Address pursuant thereunto:

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 Lord Privy Seal 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,)

Address reported.

"Most Gracious Sovereign,

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

"Your Majesty's Paternal Regard for the Welfare and Prosperity of Your People, which has been so conspicuous upon all Occasions, has, in this critical Conjuncture, been demonstrated, by Your Majesty's earnest Desire to preserve them from the Calamities of War, and by Your Royal Firmness in not yielding to any Terms of Accommodation that were not reasonable and honourable.

"When we consider the high Importance of the British Possessions and Rights in America to the Commerce and Well-being of these Kingdoms, we cannot but reflect, with Concern as well as Resentment, that, in a Time of full Peace, and contrary to the Faith of the most solemn Treaties, so many Encroachments should have been committed on the Part of France. Nothing can exceed our Surprize at such a Conduct, but our Gratitude to Your Majesty, for so powerfully exerting Your Royal Care, to protect Your Colonies from such Invasions and Insults, and to redress those Encroachments which had been so unjustly made.

"If any Power could be so much mistaken, as to imagine that Your Majesty, or Your Parliament, would remain inactive Spectators of such unprovoked Hostilities; they must before now have been convinced of their Error.

"We thankfully acknowledge Your Majesty's Wisdom and Goodness, in increasing Your Maritime Armaments with so great Application and Expedition, and in augmenting Your Land Forces, with so much Regard to the Ease of Your People, whilst You were providing for their Safety; and in having, at the same Time, generously given Encouragement to that great Body of Your Majesty's brave and faithful Subjects, with which Your American Provinces happily abound, to exert their Strength on this important Occasion, as their Duty, Interest, and common Danger, oblige and strongly call upon them to do.

"Your Majesty has sufficiently shewn, that no Motives of Ambition, or of fomenting new Troubles, have been the Grounds of Your Conduct. Your Prudence and Magnanimity have been manifested to all the World, by Your evident Disposition to prevent a general War from breaking out in Europe, and by confining Your Views and Operations to those salutary and necessary Ends which Your Majesty has been graciously pleased to declare to us.

"It is with Pleasure we observe the Pacifick Declarations of His Catholick Majesty, which are so agreeable to the Amity and good Correnspondence subsisting between the Two Crowns, and to the general Welfare of Europe.

"We should fall short of that Duty which we owe to Your Majesty and our Country, if we did not, with the greatest Sincerity and Cheerfulness, promise Your Majesty our most zealous and vigorous Concurrence and Assistance in this just and National Cause. Nothing shall be wanting, on our Part, to make good those solemn Assurances which were given to Your Majesty by Your Parliament in their last Session. We look upon ourselves as obliged, by the strongest Ties of Duty, Gratitude, and Honour, to stand by and support Your Majesty in all such wife and necessary Measures and Engagements as Your Majesty may have taken, in Vindication of the Rights of Your Crown, or to defeat any Attempt which may be made by France in Resentment for such Measures; and to assist Your Majesty in disappointing or repelling all such Enterprizes as may be formed, not only against Your Kingdoms, but also against any other of Your Dominions, although not belonging to the Crown of Great Britain, in case they should be attacked on account of the Part which Your Majesty has taken, for maintaining the essential Interests of Your Kingdoms.

"Animated with these great and interesting Considerations, we beg Leave, from the Bottom of our Hearts, to assure Your Majesty of our inviolable Duty and Affection to Your Sacred Person; and that we look upon the Preservation of Your Majesty's Government, and of the Protestant Succession in Your Royal House, as the only Security, under God, of our Religion and Liberties. If there are any who have vainly flattered themselves that menacing Appearances, or Preparations, could deter us from faithfully and vigorously acting up to these Principles, our unshaken Conduct shall demonstrate how much they have been deceived; and that, though we are far from desiring to injure or molest any of our Neighbours, we are ready to sacrifice our Lives and Fortunes in the Defence of Your Majesty, and of the Possessions, Commerce, and just Rights, of Great Britain."

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 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 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 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 quartum diem instantis Novembris, hora undecima Auroræ, Dominis sic decernentibus.

DIE Veneris, 14^o Novembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

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 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 St. James's."

Gillies & al. against Wauch & al. Magistrates of Linlithgow.

Upon reading the Petition and Appeal of Henry Gillies Merchant, in Linlithgow, late and present Provost of the Borough of Linlithgow, Thomas Smith Writer in Linlithgow, Alexander Kennewie Dyster there, William Jamieson Writer there, and John Cruckshank Brewer there, late and present Baillies, Robert Cocks Skinner there, late and present Dean of Guild, James Jamieson Tanner there, late Treasurer and present Counsellor, Robert Cleland Gardener there, late Counsellor and present Treasurer, John Ferrier Writer there, James Gib bieson Skinner there, James Henderson Maltster there, Captain James Hamilton Younger of Westport, William Dumbreck Gardener in Linlithgow, Thomas Cornwall Farmer there, and John Bell Surgeon there, late and present Merchant Counsellors; Sir Walter Hamilton of Westport Baronet, John Auld Merchant in Linlithgow, James Lang Merchant there, and George Cornwall Younger Farmer there, present Merchant Counsellors; John Rule Baxter there and late Deacon of the Baxters, Henry Duncan Baxter there and present Deacon of the Baxters, John Lawrie Younger Mason there, late and present Deacon of the Wrights, John Montgomery Sievewright there, and late and present Deacon of the Coopers, Thomas Whyte Flesher there, and late and present Deacon of the Fleshers, Magistrates, Counsellors, and Deacons, for the Borough of Linlithgow, chosen at Michaelmas One Thousand Seven Hundred and Fiftyfour, and at Michaelmas One Thousand Seven Hundred and Fifty-five, for themselves, as Magistrates, Officebearers, Deacons of Crafts, and Members of Council aforesaid, and also as Burgesses and Inhabitants of the said Borough of Linlithgow; complaining of Two Interlocutors of the Lord Ordinary in Scotland, of the 14th of January 1755; and also of Two other Interlocutors of the said Lord, of the 31st of January 1755; and of Two Interlocutors of the Lords of Session, of the 18th of February 1755; and of an Interlocutor of the said Lords, of the 7th of August 1755; and likewise of Two other Interlocutors of the said Lords, of the 9th of August 1755; and praying, "That the said Interlocutors may be reversed or varied; and that the Appellants may have such Relief in the Premises as to this House shall seem just; and that Allan Wauch Merchant, late and present Provost of the said Borough of Linlithgow, George Napier Merchant in Linlithgow, Robert Clerk Merchant there, Stephen Mitchel Merchant there, late and present Baillies, William Anderson some Time Surgeon there, and late Baillie and present Counsellor, Mathew Paterson Merchant there, present Baillie, John Black Tanner there, late and present Dean of Guild, Walter Adam Merchant there, late and present Treasurer, John Bucknay late Provost of Linlithgow, Andrew Bucknay his Son, late Counsellors, Thomas Dundass Younger of Fingask, Laurence Dundass of Kerse, Henry Bell Maltster in Linlithgow, Thomas Smeal Merchant there, William Inglis Tanner there, Edmund Anderson Gardener there, James Carlaw Elder Maltster there, late and present Merchant Counsellors, Andrew Bannie Merchant there, James Andrew Brewer there, George Barclay or Bartholomew Merchant there, William Cunningham Merchant there, present Counsellors, John Davy Smith there, late and present Deacon of the Smiths, Andrew M^c Cowan Taylor there, late Deacon of the Taylors, William Spence Taylor there, present Deacon of the Taylors; William Smith Shoemaker there, late and present Deacon of the Shoemakers; William Wardrop Weaver there, late Deacon of the Weavers; Thomas Henderson Weaver there; present Deacon of the Weavers; William M^c Donald Wright there, late and present Deacon of the Wrights; Alexander Nimmo Cooper there, late and present Deacon of the Coopers; and John Frame Flesher there, late and present Deacon of the Fleshers; may be required to put in their Answer to the said Appeal:"

It is Ordered, That the several Persons last mentioned 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 12th Day of December next; and Service of this Order upon their known Counsel or Lawyers, Attornies or Agents, before the Court of Session, shall be deemed good Service.

Woollaston's Petition referred to Judges.

Upon reading the Petition of Josiah Woollaston Esquire, Uncle and Guardian of Sir Isaac Lawrence Woollaston, an Infant; praying Leave to bring in a Bill, to explain and amend an Act, passed in the Twentyseventh Year of His present Majesty, for vesting certain Estates of the said Infant, therein mentioned, in Trustees, to be sold or mortgaged, to raise Money, for the Purposes therein expressed:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Justice Birch and Mr. Baron Smythe; 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.

Adjourn.

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

DIE Martis, 18^o Novembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

His Majesty's Answer to Address reported.

The Lord Chancellor 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; (videlicet,)

"My Lords,

"I give you My hearty Thanks, for this very dutiful and affectionate Address. I see with the greatest Satisfaction the Zeal you express for My Person and Government, and for the true Interest of your Country, which I am determined to adhere to. The Asfurances you give Me, for the Defence of My Territories Abroad, are a strong Proof of your Affection to Me, and Regard for My Honour. Nothing shall divert Me from pursuing those Measures which may effectually maintain the Possessions and Rights of My Kingdoms, and procure reasonable and honourable Terms of Accommodation."

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

E. of Lincoln's Petition referred to Judges.

Upon reading the Petition of the Right Honourable Henry Earl of Lincoln and Katherine Countess of Lincoln his Wife, on Behalf of themselves and the Right Honourable Henry Clinton, commonly called Lord Clinton, the Honourable Thomas Clinton, and the Honourable John Clinton, their Children, all Infants under the Age of Six Years; praying Leave to bring in a Bill, for Sale of certain Lands in the Great Level of the Fens, called Bedford Level, to discharge a Mortgage thereupon; and to apply the Remainder of the Money in the Purchase of other Lands, to be settled to the same Uses to which the Lands to be sold do now stand settled:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Baron Smythe 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.

Forbes & al. against L. Forbes:

The House was informed, "That James Lord Forbes, Respondent to the Appeal of Jean Maria Forbes, Eldest Daughter of the deceased William Lord Forbes, and others, had not put in his Answer thereunto, though duly served with the Order of this House for that Purpose."

And thereupon an Affidavit of Roderick Macleod, Clerk to John Russell Junior, One of the Clerks to His Majesty's Signet, of the due Service of the said Order, being read:

Respondent peremptorily to answer.

Ordered, That the said Respondent do put in his Answer to the said Appeal, peremptorily, in a Week.

Fatio, Leave for a Naturalization Bill:

Upon reading the Petition of John David Fatio; praying Leave to bring in a Bill for his Naturalization:

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 for naturalizing John David Fatio."

And the same was read the First Time.

His Majesty's Advocate against D. of Gordon.

The House being moved, "That Wednesday the 14th Day of January 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 Wednesday the 14th Day of January next, as desired.

MacLeod & al. against Sir W. Dunbar & al.

A Petition of John Mac Leod and others, Appellants in a Cause depending in this House, wherein Sir William Dunbar Baronet and others are Respondents, was presented, and read; setting forth, "That the Interlocutors complained of in their Appeal being made on certain Preliminary Points in the Cause, the Petitioners are advised to withdraw their said Appeal, and wait till the Merits shall be determined by the Court below, when the Whole may at once come before their Lordships; and therefore praying Leave to withdraw their said Appeal, without Prejudice to their bringing a new one, should they be so advised."

And thereupon the Agents on both Sides were called in, and heard at the Bar.

And being withdrawn:

Appeal withdrawn.

Ordered, That the Petitioners be at Liberty to withdraw their said Appeal, without Prejudice to their bringing a new one after the Cause shall be concluded in the Court below; and that the said Appellants do pay, or cause to be paid, to the said Respondents, the Sum of Fifty Pounds, for their Costs in respect of the said Appeal.

Adjourn.

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

DIE Veneris, 21^o Novembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

C. of Kildare & al. against Boyle & al.

This Day the Answer of the Right Honourable Henry Boyle Speaker of the House of Commons in Ireland, the Right Honourable Thomas Morlay, the Right Honourable Henry Singleton Master of the Rolls, the Right Honourable John Bowes Lord Chief Baron of His Majesty's Court of Exchequer, the Honourable Michael Ward One of the Justices of His Majesty's Court of King's Bench, and Boleyn Whitney Esquire One of His Majesty's Counsel at Law, to the Appeal of Mary Countess of Kildare and others, was brought in.

Navil Stores, Account of, delivered; and Special Return about prohibited East India Goods.

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 Account of Naval Stores imported from Russia, from Michaelmas 1754, to Michaelmas 1755; also an Account of the Number of Ships which have been employed in the Whale Fishery, for the Year 1755; and a Special Return, with respect to the Accounts of prohibited East India Goods."

And then they were directed to withdraw.

And the Titles of the said Accounts, and the said Special Return, were read, by the Clerk, as follow; videlicet,

"To the Right Honourable the Lords Spiritual and Temporal in Parliament assembled.

"The Commissioners of His Majesty's Customs, in Pursuance of a Clause in an Act of Parliament, passed the 10th and 11th William IIId, intituled, "An Act to enlarge the Trade to Russia," humbly lay before your Lordships:

"N^o 1. An Account of Naval Stores imported from Russia, into the Port of London, from Michaelmas 1754, to Michaelmas 1755."

"N^o 2. An Account of the like Goods imported into the other Ports of England, for the same Time.

"The Commissioners also lay before your Lordships, in Pursuance of a Clause in an Act of Parliament, passed in the 28th Year of His present Majesty, intituled, "An Act for continuing, explaining, and amending, the several Acts of Parliament made for the further Encouragement of the Whale Fishery, carried on by His Majesty's Subjects, &c."

"N^o 3. 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 sitted out, and at what Ports in Great Britain they were discharged; and also what Quantity of Oil or Whale Fins each Ship has imported, in the Year 1755.

"The Commissioners of the Customs having, since the Account of the prohibited East India Goods for the last Year ending at Michaelmas 1755 has been made up and certified by the proper Officers, received an Intimation that it is not exact, as to what remained at that Time in the several Warchouses, beg Leave to defer laying the same before your Lordships; which, by an Act of Parliament, they are required to do within the First Week of every Session, till they are satisfied that the said Account is true; in order to which, they have directed a particular Examination to be made, which they apprehend will take up some Time; but as soon as that is done, the Account shall be delivered to your Lordships.

"Custom-house, London, 19th Nov. 1755.

"J. Evelyn.
W. Westby.
R. Cavendish.
S. Mead."

Ordered, That the said Accounts, and the said Special Return, do lie upon the Table.

Mercers Company Accompts delivered.

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 1754, to the 10th of October 1755."

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.

Woodley against Cue & al.

Upon reading the Petition and Appeal of Francis Woodley of the City of Corke in the Kingdom of Ireland Esquire; complaining of a Decretal Order of the Court of Exchequer in Ireland, of the 28th Day of June 1755; and praying, "That the same may be reversed and set aside, and such other Relief given the Appellant, as the Nature, Circumstances, and Justice of the Case may require; and that John Cue, Roger Bernard, Arthur Bernard, Laurence McCarthy, John Dixon, Elizabeth Woodley, and William Johnson, may be ordered to answer the said Appeal:"

It is Ordered, That the said John Cue, Roger Bernard, Arthur Bernard, Laurence McCarthy, John Dixon, Elizabeth Woodley, and William Johnson, 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 26th Day of December next; and Service of this Order upon the respective Clerks in Court of the said Respondents in the said Court of Exchequer in Ireland shall be deemed good Service.

Respondents peremptorily to answer Lucas's Appeal.

The House was informed, "That Henry Byrne and others, Respondents to the Appeal of William Lucas 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 William Owen of the City of Dublin Gentleman, 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, in a Week.

Grant against Stewart:

The House was informed, "That Elspeth Stewart had not put in her Answer to the Appeal of Aaron Grant, pursuant to an Order of this House, of the 20th of March last, made for that Purpose."

And it being moved, "In regard the Appellant is not prepared to prove the Service of the said Order; that a new Order may be granted, for the Respondent to put in her Answer within the usual Time:"

New Order for answering.

It is Ordered, That the said Elspeth Stewart do put in her Answer to the said Appeal, on or before Friday the 19th Day of December next.

D. of Roxburgh to revive Appeal.

Upon reading the Petition of John Duke of Roxburgh, an Infant, by her Grace Essex Dutchess of Roxburgh his Mother, the most Honourable John Marquis of Tweeddale, John Earl Granville, and Robert Dundass of Arniston Esquire His Majesty's Advocate for Scotland, and Mr. John Hay of Lawfield, and Mr. Charles Binning of Pilmuir Advocate, being the major Part of his accepting Guardians and Curators, of whom the said Dutchess of Roxburgh is sine qua non; praying, "In regard that, by the Decease of Robert Duke of Roxburgh his Father, the Cause upon his Appeal, to which Ninian Jeffrey and others are Respondents, and the Proceedings thereon, are abated, that the same may stand revived, in such Manner as to the House may seem meet:"

It is Ordered, That the said Appeal be revived; and that the Petitioner, by his acting Guardians and Curators, do stand in the place of the said late Duke his Father, and have the same Benefit of the Appeal as if he was now living.

Lucas to revive Appeal.

Upon reading the Petition of Alice Lucas Widow, Relict and only acting Executrix of William Lucas Esquire, deceased, Appellant in a Cause depending in this House, to which Henry Byrne Esquire and others are Respondents, and of Elizabeth Lucas an Infant under the Age of Five Years, only Child of the said late Appellant, by the said Alice Lucas her Mother and next Friend; praying, "That the said Appeal may stand and be revived, in the Names of the said Petitioners, in such Manner as to the House shall seem meet:"

It is Ordered, That the said Appeal be revived; and that the Petitioners do stand in the Place of the said William Lucas the late Appellant, and have the same Benefit of the Appeal as if he was now living.

Bor's Appeal: Respondents peremptorily to answer.

The House was informed, "That Helena Maria Bor, Mary Bor, Sir Thomas Taylor Baronet, William Longfield, Bridges Baldwin, Boleyn Whitney, and William Williams, Respondents to the amended Appeal of Gerard Bor a Minor, by William Cooper Esquire his Guardian, 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 John Clarke, of the City of Dublin Gentleman, 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 in a Week.

Erskine's Appeal: Respondments peremptorily to answer.

The House was informed, "That Colonel John Scott, Respondent to the Appeal of Francis Erskine of Kirkbuddo and others, had not put in his Answer thereunto, though duly served with the Order of this House for that Purpose."

And thereupon an Affidavit of Alexander Gray Depute Clerk of Session, 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.

Trotter's Appeal: Respondents peremptorily to answer.

The House was informed, "That Archibald Trotter, Respondent to the Appeal of Jean Trotter Widow, had not put in his Answer thereunto, though duly served with the Order of this House for that Purpose."

And thereupon an Affidavit of John Woddrop Writer in Edinburgh, 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.

His Majesty's Advocate against Sir L. Mackenzie.

The House being moved, "That Wednesday the 28th Day of January next may be appointed, for hearing the Cause wherein His Majesty's Advocate for Scotland is Appellant, and Sir Lewis Mackenzie Baronet Respondent:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Wednesday the 28th Day of January next, as desired.

John David Fatio took the Oaths appointed, in order to his Naturalization.

Fatio's Nat. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for naturalizing John David Fatio."

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

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

Mackenzie to enter into Recognizance for Gillies & al.

The House being moved, "That Kenneth Mackenzie of St. Martin in the Fields may be permitted to enter into a Recognizance for Henry Gillies and others, on account of their Appeal depending in this House; they residing in Scotland:"

It is Ordered, That the said Kenneth Mackenzie may enter into a Recognizance for the Appellants, as desired.

Shaw against L. Cathcart: Cross Appeal.

The Answer of Charles Lord Cathcart, to the Cross Appeal of John Stewart Schaw and Sir Michael Stewart, was brought in.

Adjourn.

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

DIE Lunæ, 24^o Novembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Bor & al. against Bor.

The Answer of Helena Maria Bor Widow, William Longfield, Bridges Baldwin, Boleyn Whitney, and William Williams Esquire, to the amended Appeal of Gerard Bor a Minor, by William Cooper Esquire his Guardian, was brought in.

Fatio's Nat. Bill.

The Lord Willoughby of Parham reported from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing John David Fatio 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.

Irvin against Irvine.

Upon reading the Petition and Appeal of John Irvine of New Orchard; complaining of an Interlocutor of the Lords of Session in Scotland, of the 19th of July 1751, and of several Interlocutors of the Lord Ordinary, of the 15th of November 1751, 11th of January and 11th of June 1752, 20th of July 1754, and 6th of February 1755; and of Part of an Interlocutor of the said Lords, of the 1st of July 1755, made on the Behalf of John Irvine of Cove; and praying, "That the said Interlocutors may be reversed, varied, or altered:"

It is Ordered, That the said John Irvine of Cove may have a Copy of the said Appeal; and do put in his Answer thereunto, in Writing, on or before Monday the 22d Day of December next; and Service of this Order upon any One of his Counsel or Agents in the Court of Session in Scotland shall be deemed good Service.

Time limited for receiving Petitions for Private Bill.

Ordered, That this House will not receive any Petition for a Private Bill after Tuesday the 27th Day of January next, during this Session of Parliament.

Adjourn.

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

DIE Mercurii, 26^o Novembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Forbes & al. against L. Forbes.

The Answer of James Lord Forbes to the Appeal of Jane Maria Forbes Eldest Daughter of the deceased William Lord Forbes, and others, was brought in.

Fatio's Nat. Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for naturalizing John David Fatio."

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. Montague and Mr. Lane:

To carry down the said Bill, and desire their Concurrence thereto.

Haukes against Jones & al.

Upon reading the Petition and Appeal of Charles Haukes Esquire; complaining of a Decree of the Court of Chancery in Ireland, of the 20th of July 1754; and praying, "That the same may be reversed or varied; and that the Appellant may have such further and other Relief in the Premises as to this House in their great Wisdom shall seem meet; and that Thomas Jones and Susanna his Wife, Gilbert Allison and Sarah his Wife, and Thomas Loftus, may be required to answer the said Appeal:"

It is Ordered, That the said Thomas Jones and Susanna his Wife, Gilbert Allison and Sarah his Wife, and Thomas Loftus, may have a Copy of the said Appeal; and do put in their Answer or respective Answers thereunto, in Writing, on or before Wednesday the 31st Day of December next; and Service of this Order on the Six Clerk or Agent of the said Respondents shall be deemed good Service.

Hamersley to enter ento Recognizance for Woodley.

The House being moved, "That Hugh Hamersley may be permitted to enter into a Recognizance for Francis Woodley Esquire, on account of his Appeal depending in this House; he residing in Ireland:"

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

Gordon to enter into Recognizance for Irvine.

The House being moved, "That Mr. William Gordon may be permitted to enter into a Recognizance for John Irvine of New Orchard, on account of his Appeal depending in this House; he residing in Scotland:"

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

Treaties with Russia and Hesse Castell delivered.

The Earl of Holdernesse, by His Majesty's Command, presented to the House,

"Copy of the Treaty, and of the Separate and Secret Articles belonging thereto, between His Majesty and the Empress of Russia; signed at Petersburgh, the 19/30th of September, 1755;" and Translation.

"Copy of the Treaty between His Majesty and the Empress of Russia; signed at Moscow, the 11th of December, 1742."

"Copy of Four Separate Articles belonging to the said Treaty; signed at Moscow, the 11th of December, 1742;" and Translations.

"Copy of the Treaty between His Majesty and the Landgrave of Hesse Cassell; signed at Hanover, the 18th of June, 1755;" and Translation.

And the Titles thereof being read by the Clerk:

Ordered, That the said Treaties be taken into Consideration on this Day Fortnight; and the Lords to be summoned.

Adjourn.

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

DIE Veneris, 28^o Novembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Scott and Fullarton against Straton.

Upon reading the Petition and Appeal of Colonel John Scott of Commiston and John Fullarton of Kinnaber; complaining of certain Interlocutors of the Lords of Session in Scotland, of the 8th of July and 18th of November 1752, and of the 26th of July and 9th of August 1755; and praying, "That the same may be reversed, varied, or altered; and that the Appellant may have such other Relief in the Premises as to this House shall seem just; and that Arthur Straton may be ordered to answer the said Appeal:"

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

Proceedings of Commissioners of Westminster Bridge 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 several Acts of Parliament,

"A State of the Proceedings of the said Commissioners, from the 26th Day of November 1754, to 18th Day of November 1755, inclusive."

And also, "Accompts of the Treasurer of the said Commissioners, from the 10th Day of October 1754, to the 10th Day of October 1755."

And then he was directed to withdraw.

And the Titles thereof being read by the Clerk:

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

Message from the King, concerning Relief for the Sufferers at Lisbon:

The Earl of Holdernesse acquainted the House, "That he had a Message from His Majesty, under His Royal Sign Manual; which His Majesty had commanded him to deliver to their Lordships."

And the same was read by the Lord Chancellor, and is as follows:

"GEORGE R.

"His Majesty having received from His Ambassador at Madrid a certain Account of the fatal and deplorable Event which happend at Lisbon on the First Instant by an Earthquake, which has laid waste almost the whole City, and destroyed many Thousands of the Inhabitants, in Consequence whereof those who remain must be reduced to the utmost Distress; and His Majesty, being moved with the greatest Concern for so good and faithful an Ally as the King of Portugal, and with the utmost Compassion for the Distresses to which that City and Kingdom must be reduced, wherein great Numbers of His Majesty's own Subjects were resident and many more interested; recommends to the House of Lords the Consideration of this dreadful and extensive Calamity, which cannot fail deeply to affect the Hearts of all Persons who have any Sense of Religion or Humanity; and desires the Concurrence and Assistance of the House of Lords, in sending such speedy and effectual Relief as may be suitable to so afflicting and pressing an Exigency.

"G. R."

The Earl of Holdernesse also laid before the House,

"A Copy of a Letter from his Excellency Sir Benjamin Keene His Majesty's Ambassador to His Catholic Majesty, to Sir Thomas Robinson One of His Majesty's Principal Secretaries of State; dated at Madrid, the 10th of November, 1755."

And the same was read by the Clerk.

Order for an Address thereupon:

Ordered, That an humble Address be presented to His Majesty, "To return Him the Thanks of this House, for His most Gracious Message; and to express our just and high Sense of His Majesty's Royal Concern for the great Misfortune that has befallen His Majesty's good and faithful Ally the King of Portugal, and for His generous Compassion expressed for the Miseries of the unhappy Sufferers by that dreadful and extraordinary Calamity, which is so agreeable to His Majesty's known Humanity and Greatness of Mind.

"To declare how deeply we are affected with this melancholy and deplorable Event; and to assure His Majesty of the hearty Concurrence and Assistance of this House, in sending such speedy and effectual Relief as may be suitable to so afflicting and pressing an Exigency."

Ordered, That the said Address be presented to His Majesty by the Lords with White Staves.

Message and Address to be printed.

Ordered, That His Majesty's most Gracious Message to this House, and their Lordships Address thereupon to His Majesty, be forthwith printed and published.

Kelly to enter into Recognizance for Haukes.

The House being moved, "That Edmund Kelly of The Middle Temple London may be permitted to enter into a Recognizance for Charles Haukes Esquire, on account of his Appeal depending in this House; he residing in Ireland:"

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

Adjourn.

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