House of Lords Journal Volume 29: November 1759

November 1759

Anno 33^o Georgii Secundi.

DIE Martis, 13^o Novembris, 1759.

DIE Martis, 13^o Novembris, 1759, Annoque Regni Serenissimi Domini Nostri Georgii Secundi, Dei Gratia, Magnæ Britanniæ, Franciæ, & Hib'niæ Regis, Fidei Defensoris, &c. Tricesimo Tertio, in quem Diem hæc Septima Sessio Parliamenti, per separalia Adjournamenta & Prorogationes, continuata fuerat, in Superiori Domo Parliamenti Magnæ Britanniæ apud Westmonaster. convenere, Domini tam Spirituales quam Temporales, quorum Nomina subscribuntur, & præsentes fuerunt:

Georgius Princeps Walliæ.

Dux Cumberland.

PRAYERS.

The House was adjourned during Pleasure, to robe.

The House was resumed.

Prince of Wales introduced:

George William Frederick Electoral Prince of Brunswick Lunenburgh being, by Letters Patent, dated the 20th Day of April, in the 24th Year of His Majesty's Reign, created Prince of Wales and Earl of Chester, was this Day, in his Robes, introduced; being preceded by the Gentleman Usher of the Black Rod, Garter King at Arms, the Deputy Earl Marshal, and the Earl of Guilford who officiated in the Absence of the Lord Great Chamberlain of England; and attended by the Lord Privy Seal, the Lord Steward, and the Lord Chamberlain of His Majesty's Household, also in their Robes.

His Royal Highness, standing, presented his Letters Patent to the Lord Keeper, at the Woolsack; who delivered them to the Clerk; and the same were read, at the Table.

His 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, and so forth; To Our most Dear Grandson George William Frederick Prince of Great Britain, Electoral Prince of Brunswick Luncnburgh, Prince of Wales, Duke of Edinburgh, Marquis of the Isle of Ely, Earl of Chester, and Earl of Eltham, Viscount of Lanceston, Baron of Snandon, and Knight of the most noble Order of the Garter, Greeting. Whereas, by reason of certain arduons and urgent Affairs, concerning Us, the State and Defence of Our Kingdom of Great Britain and the Church, We did lately, with the Advice and Consent of Our Council, ordain Our present Parliament to be holden at Our City of Westminster on the Thirtyfirst Day of May, in the Twenty-seventh Year of Our Reign; which said Parliament hath been from that Time, by several Adjournments and Prorogations, adjourned, prorogued, and continued, to and until Thursday the Twenty-sixth Day of July next coming, at Our City aforesaid, to be then there held and carried on; We, strictly enjoining, command you, under the Faith and Allegiance by which you are bound to Us, that, considering the Difficulty of the said Affairs and Dangers impending, (all Excuses being laid aside) you be personally present, at the said Day and Place, with Us, and with the Prelates, Nobles, and Peers of Our said Kingdom, to treat of the aforesaid Affairs, and to give your Advice; and this you may in no wise omit, as you tender Us and Our Honour, and the Safety and Defence of the said Kingdom and Church, and the Dispatch of the said Affairs.

"Witness Ourself, at Westminster, the Fourth Day of June, in the Thirty-second Year of Our Reign.

"Yorke and Yorke."

Then his Royal Highness was placed in his Chair, on the Right Hand of the Chair of State on the Throne.

Parliament held by Commission.

The Lord Keeper acquainted the House, "That, it not being convenient for His Majesty to be Personally present here this Day, He had been pleased to cause a Commission, under the Great Seal, to be prepared, in order to the Holding this Parliament."

Then Five of the Lords Commissioners, being in their Robes, and seated on a Form placed between the Throne and the Woolsack, the Lord Keeper in the Middle; with the Archbishop of Canterbury and the Lord Steward on his Right Hand; and the Lord Privy Seal and the Lord Chamberlain on his Left; commanded the Gentleman Usher of the Black Rod to let the Commons know, "That the Lords Commissioners desire their immediate Attendance in this House, to hear his Majesty's Commission read.

Who being come, with their Speaker;

The Lord Keeper said,

"My Lords, and Gentlemen,

"We are commanded by His Majesty to let you know, that, it not being convenient for Him to be present here this Day in His Royal Person, He hath thought fit, by Letters Patent, under the Great Seal, to empower his Royal Highness the Prince of Wales, his Royal Highness the Duke of Cumberland, and several Lords therein named, to do all Things in His Majesty's Name which are to be done on His Majesty's Part in this Parliament; as by the Letters Patent will more fully appear."

Then the said Letters Patent were read by the Clerk; as follow:

"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 all to whom these Presents shall come, Greeting. Whereas We did lately, for divers difficult and pressing Affairs concerning Us, the State and Defence of Our Kingdom of Great Britain and the Church, ordain this Our present Parliament to begin and be held at Our City of Westminster on the Thirty-first Day of May in the Twenty-seventh Year of Our Reign; on which Day Our said Parliament was begun and held; and from thence, by several Adjournments and Prorogations, was adjourned and prorogued to and until Tuesday the Thirteenth Day of this Instant November, then to be held and sit at Our City of Westminster, aforesaid. And forasmuch as for certain Causes We cannot conveniently be present in Our Royal Person, in Our said Parliament, upon the said Thirteenth Day of November Instant: Know ye, that We, trusting in the Discretion, Fidelity, and Care, of Our most Dear and Entirely-beloved Grandson George Prince of Wales, Our most Dear and Entirely-beloved Son and Faithful Counsellor William Duke of Cumberland; the most Reverend Father in God Our Right Trusty and Well beloved Counsellor Thomas Archbishop of Canterbury Primate and Metropolitan of all England, Our Right Trusty and Well-beloved Counsellor Sir Robert Henley Knight Keeper of Our Great Seal of Great Britain, Our Right Trusty and Right Wellbeloved Cousins and Counsellors John Earl Granville President of Our Council, Richard Earl Temple Keeper of Our Privy Seal, Our Right Trusty and Right Entirely-beloved Cousins and Counsellors John Duke of Rutland Steward of Our Household, William Duke of Devonshire Chamberlain of Our Household, John Duke of Bedford Lieutenant General and General Governor of Our Kingdom of Ireland, Archibald Duke of Argyll, Thomas Holles Duke of Newcastle First Commissioner of Our Treasury, Lionel Cranfield Duke of Dorset, Our Right Trusty and Right Wellbeloved Cousins and Counsellors Robert Earl of Holdernesse One of Our Principal Secretaries of State, William Henry Earl of Rochford Groom of Our Stole, George Dunk Earl of Halifax, Granville Earl Gower Master of Our Horse, Philip Earl of Hardwicke, and Our Right Trusty and Well-beloved Counsellors George Lord Anson First Commissioner of Our Admiralty, and William Lord Mansfield Our Chief Justice assigned to hold Pleas before Us, by the Advice of Our said Council, do give and grant, by the Tenor of these Presents, unto Our said most dear Grandson, and to Our said most dear Son, and also to the said Archbishop of Canterbury, Keeper of Our Great Seal of Great Britain, President of Our Council, Keeper of Our Privy Seal, Steward of Our Household, Chamberlain of Our Household, Duke of Bedford, Duke of Argyll, Duke of Newcastle, Duke of Dorset, Earl of Holdernesse, Earl of Rochford, Earl of Halifax, Earl Gower, Earl of Hardwicke, Lord Anson, and Lord Mansfield, and any Three or more of them, full Power, in Our Name, to hold Our said Parliament, and to open and declare, and cause to be opened and declared, the Causes of holding the same, and to proceed upon the said Affairs in Our said Parliament, and in all Matters arising therein, and to do every thing which for Us and by Us, for the good Government of Our said Kingdom of Great Britain, and of other Our Dominions belonging to Our said Kingdom shall be therein to be done; and also, if necessary, to continue, adjourn, and prorogue, Our said Parliament; commanding also, by the Tenor of these Presents, with the Consent of Our said Council, as well all and every the Archbishops, Bishops, Earls, Viscounts, Barons, and Knights, as all others whom it concerns, to meet in Our said Parliament, that to the same Our said most dear Grandson, Our said most Dear Son, and the said Archbishop of Canterbury, Keeper of Our Great Seal of Great Britain, President of Our Council, Keeper of Our Privy Seal, Steward of Our Household, Chamberlain of Our Household, Duke of Bedford, Duke of Argyll, Duke of Newcastle, Duke of Dorset, Earl of Holdernesse, Earl of Rochford, Earl of Halifax, Earl Gower, Earl of Hardwicke, Lord Anson, and Lord Mansfield, and any Three or more of them, they diligently intend in the Premises, in the Form aforesaid. In Witness whereof, We have caused these Our Letters to be made Patent.

"Witness Ourself, at Westminster, the Twelfth Day of November, in the Thirty-third Year of Our Reign.

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

"Yorke and Yorke."

Which done, the Lord Keeper said,

Lords Commissioners Speech.

"My Lords, and Gentlemen,

"In Pursuance of the Authority given to us, by His Majesty's Commission under the Great Seal, amongst other Things, to declare the Cause of His holding this Parliament; His Majesty has been graciously pleased to direct us to assure you, that He esteems Himself particularly happy, in being able to call you together in a Situation of Affairs so glorious and advantageous to His Crown and Kingdoms.

"His Majesty sees, and devoutly adores, the Hand of Providence, in the many signal Successes, both by Sea and Land, with which His Arms have been blessed in the Course of the last Summer; and, at the same Time, His Majesty reflects with much Satisfaction on the Considence which you placed in Him, by making such ample Provisions, and entrusting Him with such extensive Powers, for carrying on a War, which the Defence of our valuable Rights and Possessions, and the Preservation of the Navigation and Commerce of His Majesty's People, had made both just and necessary.

"We have it also in Command from His Majesty to acquaint you, that the happy Progress of our Successes, from the Taking of Goree on the Coast of Africa, to the Conquest of so many important Places in America, with the Defeat of the French Army in Canada, and the Reduction of their capital City of Quebec, effected with so much Honour to the Courage and Conduct of His Majesty's Officers both at Sea and Land, and with so great Lustre to His intrepid Forces, together with the important Success obtained by His Majesty's Fleet off Cape Lagos, and the effectual blocking up for so many Months the principal Part of the Navy of France in their own Ports, are Events which must have filled the Hearts of all His Majesty's faithful Subjects, as well as His Own, with the sincerest Joy, and, His Majesty trusts, will convince you, that there has been no Want of Vigilance or Vigour on His Part, in exerting those Means which you, with so much Prudence and publick-spirited Zeal, put into His Majesty's Hands.

"That our Advantages have extended farther, and the Divine Blessing has favoured us in The East Indies, where the dangerous Designs of His Majesty's Enemies have miscarried, and that valuable Branch of our Trade has received great Benefit and Protection.

"That the memorable Victory gained over the French near Minden has long made a deep Impression on the Minds of His Majesty's People; and that, if the Crisis in which that Battle was fought, the superior Numbers of the Enemy, and the great and able Conduct of His Majesty's General Prince Ferdinand of Brunswick, are considered, that Action must be the Subject of lasting Admiration and Thankfulness.

"That, if any Thing could fill the Breasts of His Majesty's good Subjects with still farther Degrees of Exultation, it is the distinguished and unbroken Valour of His Majesty's Troops, owned and applauded by those whom they overcame. The Glory they have gained is not merely their own; but, in a National View, is one of the most important Circumstances of our Success, as it must be a striking Admonition to our Enemies with whom they have to contend.

"That His Majesty's good Brother and Ally the King of Prussia; attacked and surrounded by so many considerable Powers, has, by His Magnanimity and Abilities, and the Bravery of His Troops, been able, in a surprizing Manner, to prevent the Mischiefs concerted with such united Force against Him.

"His Majesty has further commanded us to observe to you, that, as His Majesty entered into this War not from Views of Ambition, so He does not wish to continue it from Motives of Resentment. The Desire of His Majesty's Heart is, to see a Stop put to the Effusion of Christian Blood. Whenever such Terms of Peace can be established as shall be just and honourable for His Majesty and His Allies, and, by procuring such Advantages as from the Successes of His Majesty's Arms may in Reason and Equity be expected, shall bring along with them full Security for the future; His Majesty will rejoice to see the Repose of Europe restored on such solid and durable Foundations, and His faithful Subjects, to whose liberal Support and unshaken Firmness His Majesty owes so much, happy in the Enjoyment of the Blessings of Peace and Tranquillity. But, in order to this great and desirable End, His Majesty is confident, you will agree with Him, that it is necessary to make ample Provision for carrying on the War in all Parts with the utmost Vigour.

"Gentlemen of the House of Commons,

"We are commanded by His Majesty to assure you, that the great Supplies which were given the last Session have been faithfully employed for the Purposes for which they were granted. But the uncommon Extent of this War, and the various Services necessary to be provided for, in order to secure Success to His Majesty's Measures, have unavoidably occasioned extraordinary Expenses; an Accompt of which will be laid before you.

"His Majesty has also ordered the proper Estimates for the Service of the ensuing Year to be prepared and laid before you: And His Majesty desires you to grant Him such Supplies as shall be necessary to sustain and press with Effect all our extensive Operations against the Enemy; and, at the same Time, by the Blessing of God, to repel and frustrate their daring Designs against His Majesty's Kingdoms.

"My Lords, and Gentlemen,

"His Majesty has, in the last Place, been graciously pleased to command us to repeat to you the Assurances of the high Satisfaction His Majesty takes in that Union and good Harmony which is so conspicuous amongst His faithful Subjects; happy in seeing it continued and confirmed: And to observe to you, that Experience has shewn how much we all owe to it, and that nothing else can effectually secure the true Happiness of His People."

Then the Commons withdrew.

And the House was adjourned during Pleasure, to unrobe.

The House was resumed.

Select Vestries regulating, Bill.

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

Prince of Wales takes the Oaths.

His Royal Highness the Prince of Wales 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.

The Lord Keeper reported the Speech of the Lords Commissioners.

And the same being afterwards read by the Clerk:

Order for an Address.

Ordered, That an humble Address be presented to His Majesty, "To offer our most dutiful and sincere Congratulations to His Majesty, upon the signal Successes with which it has pleased Almighty God to prosper His Majesty's unwearied Endeavours for the Safety, Welfare, and Honour, of His People.

"To acknowledge, with all Thankfulness and Humility, the Goodness of the Divine Providence, in the many glorious Events which will for ever distinguish this memorable Year.

"To declare our firm Reliance on, and Experience of, His Majesty's constant Regard and Attention to the true Interests of His Subjects, in the prudent Use of all the extensive Powers with which the Confidence of Parliament has strengthened His Majesty's Hands.

"To acknowledge with Gratitude the Wisdom of His Majesty's Measures, in pursuing, with equal Vigilance and Vigour, the various Operations of this just and necessary War; the Success of which, in the different Parts of the World, so beneficial to the Commerce of this Nation, and so essential to the common Cause of His Majesty and His Allies, cannot but fill our Hearts with the utmost Joy.

"To declare our high Opinion of the great and able Conduct of His Majesty's General Prince Ferdinand of Brunswick; and the Satisfaction we have received from the Reputation, as well as Advantages, which the Nation has acquired by the distinguished Behaviour of His Majesty's Officers both at Sea and Land, and the acknowledged Bravery of His Troops.

"To express our just Sense of the Magnanimity and Abilities of the King of Prussia, which have, in a surprizing Manner, prevented the mischievous Effects of the united Force of so many considerable Powers by which He has been attacked and surrounded.

"To testify the highest Approbation of His Majesty's Moderation and true Greatness of Mind, in restraining every Impulse of Resentment, and desiring to prevent the farther Effusion of Christian Blood, by putting an End to the War (into which His Majesty entered, not from Views of Ambition, but solely for the Defence of the valuable Rights, Possessions, and Commercial Interests of His Kingdoms) as soon as such Terms of Peace can be established as shall be just and honourable for His Majesty and His Allies, and, by procuring such Advantages as from the Successes of His Majesty's Arms may in Reason and Equity be expected, shall bring with them full Security for the future.

"To give His Majesty the warmest Assurances, that, in order to this great and desirable End, we will effectually support His Majesty in carrying on the War in all Parts with the utmost Vigour, and in disappointing and repelling any desperate Attempts which may be made upon His Kingdoms; and that we will, with all Duty and Affection to His Majesty, His Royal Family and Government, promote the Continuance of that Union and Harmony which is so conspicuous amongst His faithful Subjects, and is so highly conducive to their own Happiness, and to the frustrating the Designs of His Majesty's Enemies."

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

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

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

After some Time, the House was resumed.

Address reported.

And the Earl of Buckinghamshire reported from the Committee an Address drawn by them, 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 approach Your Majesty, with the warmest Sentiments of Duty, and with Hearts full of the most sincere Joy, to congratulate Your Majesty, upon the great and signal Successes with which it has pleased Almighty God to prosper Your Majesty's unwearied Endeavours for the Safety, Welfare, and Honour, of Your People.

"We acknowledge with all Thankfulness and Humility the Goodness of the Divine Providence, in the many glorious Events which will for ever distinguish this memorable Year.

"We entirely rely upon Your Majesty's constant Regard and Attention to the true Interests of Your Subjects, from the full Experience which we have had of the wise and effectual Use which Your Majesty has made of all the extensive Powers with which the Confidence of Parliament has from Time to Time strengthened Your Majesty's Hands. But we must, in a particular Manner, gratefully acknowledge the extraordinary Vigilance, Vigour, and Wisdom of Your Majesty's Measures, in the steady and succefsful Direction of so many various Operations in different Parts of the World.

"The happy Progress of Your Majesty's Arms, from the Taking of Goree on the Coast of Africa, and some of the French Sugar Islands in The West Indies, to the Acquisition of many important Places in America, and the Defeat of the Enemy's Army in Canada, with the Reduction of the Capital City of Quebec; against the greatest Disadvantage of Situation and Numbers, has exceeded the most sanguine Hopes of Your Majesty's faithful Subjects: Nor has the good Effect of Your Majesty's prudent Measures been less conspicuous, in the Disappointment of the dangerous Designs of Your Enemies in The East Indies, in the effectual blocking up the principal Part of the French Fleet in their own Ports, and the important Advantage gained off Cape Lagos; while Your Majesty's Care has preserved Your own Kingdoms from any hostile Attempt, and has protected the Navigation and Commerce of Your own Subjects in almost as full a Security as during the Time of profound Peace.

"The memorable Victory gained over the French near Minden cannot but make a deep and lasting Impression upon every British Mind.

"Whether we consider the great and able Conduct of Your Majesty's General Prince Ferdinand of Branswick, the Valour of Your Majesty's Troops, the Inequality of Force, or the imminent Peril of that important Crisis; the happy Deliverance wrought by that Action, and the glorious Consequences of it, must ever be the Subject of our Praise and Thankfulness.

"It is Matter of just Exultation to us, that the British Officers and Private Men, both by Sea and Land, have given so many shining Instances of personal Bravery and military Conduct: Their Example will animate others; their Reputation is National Strength, and will convince the Enemy what they have to apprehend from a brave and gallant People, fired with Zeal in Defence of their King and Country.

"We beg Leave to express the high Sense we have of the Magnanimity and transcendent Abilities of the King of Prussia; which have, in a surprizing Manner, prevented the mischievous Effects of the united Force of so many considerable Powers, by which He has been attacked and surrounded on all Sides, against whom He has borne up and supported Himself by the Fortitude and inexhaustible Resources of His Own Mind, and the Courage and Discipline of His Troops.

"Permit us to declare, how highly we appland Your Majesty's Moderation and true Greatness of Mind, in restraining every Impulse of Resentment, and desiring to prevent the farther Essusion of Christian Blood, by putting an End to the War (into which Your Majesty entered, not from Views of Ambition, but solely for the Defence of the valuable Rights, Possessions, and Commercial Interests of Your Kingdoms) as soon as such Terms of Peace can be established as shall be just and honourable for Your Majesty and Your Allies; and, by procuring such Advantages as from the Successes of Your Majesty's Arms may in Reason and Equity be expected, shall bring with them full Security for the future.

"In order to the Attainment of this great and desirable End, we beg Leave to assure Your Majesty of our utmost Readiness to concur in the effectual Support of such farther Measures as Your Majesty in Your great Wisdom shall judge necessary, or expedient, for carrying on the War with Vigour in all Parts; and for disappointing and repelling any desperate Attempts which may be made upon these Kingdoms.

"Our Prayers are sincere and servent, for the Prolongation of Your Majesty's most precious Life, Our Endeavours shall never be wanting, to continue and confirm that Affection to Your Majesty's Sacred Person, that Confidence in Your Government, that Zeal for the Protestant Succession in Your Royal Family, and that Union and Harmony so conspieuous amongst all Your Subjects, which is so essential to their own Security and Happiness, and to the frustrating the Designs of Your Majesty's Enemies."

Which Address, being read by the Clerk, was agreed to by the 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 please to appoint to be attended therewith.

Bp. of Worcester to preach on the Thanksgiving Day.

Ordered, That the Lord Bishop of Worcester be, and he is hereby, desired to preach before this House, in the Abbey Church, Westminster, on Thursday the 29th Day of this Instant November, being appointed, by His Majesty's Royal Proclamation, to be observed as a Day of General Thanksgiving to Almighty God, for the signal Successes of His Majesty's Arms both by Sea and Land.

Committee of Privileges.

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

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

Committee for the Journal.

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

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

Stoppages in the Streets, Order to prevent.

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

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

Adjourn.

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

DIE Mercurii, 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 please to be attended by the House, with their Lordships Address; and that His Majesty was pleased to appoint this Day, at Two o'Clock, at His Palace of Saint James."

Maitland against Gordon.

Upon reading the Petition and Appeal of Major Arthur Maitland of Pittrichie; complaining of several Interlocutors of the Lords of Session in Scotland, of the 3d of February, 3d of August, and 1st of December, 1757; the 13th of July and 4th of August 1759; and praying, "That the same may be reversed; and that William Gordon Writer to the Signet may be required to answer the said Appeal; and that this House will give the Appellant such other Relief in the Premises as to their Lordships in their great Wisdom and Justice shall seem meet:"

It is Ordered, That the said William Gordon may have a Copy of the said Appeal; and do put in his Answer thereunto, in Writing, on or before Wednesday the 12th Day of December next; and Service of this Order upon any of his Procurators or Agents in the Court of Session in Scotland shall be deemed good Service.

Respondents peremptorily to answer the D. of Devon's Appeal.

The House was informed, "That John Wall and others, Respondents to the Appeal of His Majesty's Attorney General Informant (for and on Behalf of His Majesty) and of William Duke of Devonshire, 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 Greenhill Clerk to Daniel Fox One of the Sworn Clerks of the Court of Chancery, 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.

Adjourn.

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

DIE Lunæ, 19^o Novembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

His Majesty's Answer to Address.

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

"My Lords,

"I thank you for this very dutiful and affectionate Address. The Satisfaction you so unanimously express in the Successes with which it has pleased God to bless My Arms by Sea and Land, and the Assurances you give Me of your further Support, are extremely agreeable to Me, and cannot fail to produce the best Effects in the present Conjuncture."

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

Bp. of Worcester takes the Oaths.

This Day James Lord Bishop of Worcester took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Respondents peremptorily to answer Ly. Forbes's Appeal.

The House was informed, "That James Lord Forbes, Respondent to the Appeal of Dorothea Lady Dowager of Forbes, had not put in his Answer to the said Appeal, though duly served with the Order of this House for that Purpose."

And thereupon an Affidavit of John Hamilton 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.

Respondents peremptorily to answer Ellis's Appeal.

The House was also informed, "That Neal Segrave, Respondent to the Appeal of Welbore Ellis Esquire, had not put in his Answer to the said Appeal, though duly served with the Order of this House for that Purpose."

And thereupon an Affidavit of John Martin, of the City of Dublin Gentleman, 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 Edwards.

Upon reading the Petition of His Majesty's Advocate for Scotland, Appellant in a Cause depending in this House, wherein John Edwards Esquire is Respondent; praying, "In regard the Matters in Dispute between the Parties in this Cause are referred to Arbitrators, and not yet finally settled, that the Hearing of the said Cause may be delayed till Monday the 24th Day of March next, or to such other distant Day as their Lordships shall please to appoint; the Respondent's Agent having signed the said Petition, as consenting thereto:"

It is Ordered, That the Hearing of the said Cause be put off till Monday the 24th Day of March next, as desired.

V. Arbuthnot against Tulloch.

Upon reading the Petition of Thomas Tulloch, Respondent in a Cause depending in this House, wherein John Viscount of Arbuthnot is Appellant, which stands in Course to be heard on Wednesday next; praying, "In regard the Petitioner has not been able to extract his Decreet till last Week, and it is impossible to instruct his Counsel in so short a Time; that their Lordships will be pleased to put off the said Hearing till Wednesday the 12th Day of December next:"

It is Ordered, That the Hearing of the said Cause be put off till this Day Sevennight, the 26th Instant.

Adjourn.

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

DIE Mercurii, 21^o Novembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Franks against Martin & al. Hart's Executors.

The Answer of Joseph Martin, Lazarus Simon, and Michael Adolphus, Executors and Trustees named in the Will of Moses Hart, deceased, to the Appeal of Napthali Franks and Phila his Wife:

And also, the Answer of Michael Adolphus and Rachel his Wife, Judy Levy Widow, Judith Hart and Jacobed Hart Spinsters, Lazarus Simon and Margoles his Wife, Napthali Hart and Moses Hart, Infants, by Judith Hart their Aunt and Guardian, to the same Appeal; were this Day brought in:

D. of Devon against Turner & al.

As was also, the Answer of Edmund Turner Esquire and Elizabeth his Wife, and Elizabeth Scholler Widow, Three of the Respondents to the Appeal of His Majesty's Attorney General Informant (for and on Behalf of His Majesty) and of William Duke of Devonshire:

Governors of Stephens's Hospital against Swan & al.

And also, the Answer of Daniel Swan Esquire, One of the Respondents to the Appeal of the Governors and Guardians of the Hospital founded by Doctor Stephens in Dublin, and others.

Respondents peremptorily to answer Hawtrey's Appeal.

The House was informed, "That Cassandra Daniel, John Digby, Cassandra M^cNaughton, Robert Snow, and Richard Lord Bishop of Ossory, Five of the Respondents to the Appeal of Ralph Hawtry Clerk, had not put in their Answers to the said Appeal, though duly served with the Order of this House for that Purpose."

And thereupon an Affidavit of William Costello of the City of Dublin, of the due Service of the said Order on the Clerks in Court of the said Respondents, and that he is credibly informed, and verily believes, that Sydnam Snow the other Respondent is dead, being read:

Ordered, That the said Respondents do put in their Answer or respective Answers to the said Appeal, peremptorily, in a Week.

Prohibited East India Goods and Naval Stores, Accompts of, delivered.

The House being informed, "That some of the Commissioners of the Customs attended:"

They were called in; and delivered, at the Bar, pursuant to several Acts of Parliament,

"The Return of the said Commissioners; with an Account of prohibited East India Goods brought into, and delivered for Exportation out of, the respective Warehouses in London and the Out Ports, from Michaelmas 1758, to Michaelmas 1759; also what remained at Michaelmas 1759; an Account of the like Goods delivered out of the respective Warehouses in London, to be dyed, glazed, &c.; and an Account of Naval Stores imported from Russia for the same Time; also an Account of the Number of Ships which have been employed in the Whale Fishery for the Year 1759, with their respective Names, &c."

And then they were directed to withdraw.

And the Titles thereof were read, by the Clerk, as follow:

"1. An Account of prohibited East India Goods brought into the East India Warehouses at St. Hellens, in the Port of London, since Michaelmas 1758; also what have been exported from that Time, and what remained at Michaelmas 1759."

"2. An Account of prohibited East India Goods brought into the East India Warehouses at Leadenhall and Billeter Lane, in the Port of London, since Michaelmas 1758; also what have been exported from that Time; and what remained at Michaelmas 1759."

"3. An Account of prohibited East India Goods remaining in His Majesty's Warehouse, in the Port of London, at Michaelmas 1758; what have been since brought in, what exported; as also what remained at Michaelmas 1759."

"4. An Account of East India Goods prohibited to be worn in this Kingdom, in the respective Warehouses in the Out Ports, at Michaelmas 1758; what have been since brought in, what exported; as also what remained at Michaelmas 1759."

"5. An Account of prohibited East India Goods which have been delivered out of the Warehouses at St. Hellens, Leadenhall, Billeter Lane, and Customhouse, in the Port of London, since Michaelmas 1758, in order to be dyed, glazed, &c.; what have been returned, and what remained out of the said Warehouses at Michaelmas 1759."

"6. An Account of Naval Stores imported from Russia into the Port of London, from Michaelmas 1758, to Michaelmas 1759."

"7. An Account of Naval Stores imported from Russia into the Ports of England (commonly called the Out Ports), from Michaelmas 1758, to Michaelmas 1759."

"8. An Account of the Number of Ships which have been employed in the Whale Fishery to Davis's Streights and The Greenland Seas, with their respective Names and Burthens; from whence they were fitted out, and at what Port in Great Britain they were discharged; and also what Quantity of Oil or Whale Fins each Ship has imported in the Year 1759."

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

Urquhart to enter into Recognizance on Maitland's Appeal.

The House being moved, "That Mr. George Urquhart may be permitted to enter into a Recognizance for Major Arthur Maitland, on account of his Appeal depending in this House; he living in Scotland:"

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

His Majesty's Advocate against D. of Gordon.

Upon reading the Petition of His Majesty's Advocate for Scotland, Appellant in a Cause depending in this House, wherein his Grace the Duke of Gordon and others and Respondents; praying, "In regard the Matter in Dispute between the Parties is under Accommodation, that the Hearing of the said Cause may be put off to Monday the 3d Day of March next; (the Respondents consenting):"

It is Ordered, That the Hearing of the said Cause be put off till Monday the 3d Day of March next, as desired.

Wilson & al. against Bayly & al.

The House being moved, "That Monday the 4th Day of February next may be appointed, for hearing the Cause wherein Mark Wilson and others are Appellants, and Thomas Bayly Esquire and others Respondents:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Monday the 4th Day of February next, as desired.

Adjourn.

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

DIE Lunæ, 26^o Novembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

D. of Devon against Creswell & al.

The joint and several Answer of John Creswell, Samuel Creswell, Mary Creswell, and Peggy Creswell, Infants, by Elizabeth Creswell their Guardian, to the Appeal of His Majesty's Attorney General, at the Relation of the most Noble William Duke of Devonshire, and the said Duke of Devonshire:

Also, the joint and several Answer of John Wall, Henry Thornbill, Nicholas Twigg, Anthony Tissington, Peter Nightingale, Lydia Twigg Widow, John Twigg of Holme, Joseph James, George Norman, John Johnson, Pierce Galliard, Elizabeth Garland, Philip Gell, Elizabeth Creswell, Arthur Bulkley, Thomas Cripps, Grece Bramley, Thomas Bradshaw, and Thomas Thoroton:

And also, the Answer of John Twigg, an Infant, by Lydia Twigg his Guardian, to the same Appeal; were this Day brought in:

Ellis against Segrave.

As was also, the Answer of Neal Segrave Esquire, to the Appeal of Welbore Ellis Esquire.

Edwards against Carrol.

Upon reading the Petition and Appeal of Eleazer Edwards of the City of London Merchant, the only acting Executor of the last Will and Testament of Abdiel Edwards late of the City of Dublin Gentleman, deceased; and also Administrator of all the Goods and Chattels, Rights and Credits, of Catherine Edwards, deceased (late Catherine Carroll, Widow and Relict, and one of the Executors, of James Carroll late of Baltinglass in the Kingdom of Ireland Esquire, deceased, and a Devisee and Annuitant in his Will), which were unadministered by the said Abdiel Edwards her Husband at the Time of his Decease; complaining of an Order of the Court of Exchequer in Ireland, of the 16th Day of July 1759; and praying, "That the same may be reversed; and that James Griffith Carroll Esquire may be required to answer the said Appeal; and that this House will be pleased to make such other Order in the Premises as their Lordships in their great Wisdom shall judge meet:"

It is Ordered, That the said James Griffith Carroll may have a Copy of the said Appeal; and do put in his Answer thereunto, in Writing, on or before Monday the 31st Day of December next; and Service of this Order upon the Clerk in Court, or Attorney of the said Respondent in the said Court of Exchequer in Ireland, shall be deemed good Service.

Seagrave against Ellis; Cross Appeal.

Upon reading the Petition and Cross Appeal of Neal Segrave; complaining of a Decree of the Court of Chancery in Ireland, of the 20th of November 1758; and praying, "That the same may be reversed; and that Welbore Ellis Esquire may be required to answer the said Appeal; or that this House will be pleased to grant the Appellant such Relief in the Premises as to their Lordships in their great Wisdom shall seem meet:"

It is Ordered, That the said Welbore Ellis may have a Copy of the said Appeal; and do put in his Answer thereunto, in Writing, on or before Monday the 31st Day of December next; and Service of this Order upon the Clerk in Court of the said Respondent in the said Court of Chancery in Ireland shall be deemed good Service.

Ellis against Seagrave & al;

The House was informed, "That Lewis Joffray attended, in order to deliver in Copies of Papers and Proceedings, relating to a Cause depending in this House, wherein Welbore Ellis Esquire is Appellant, and Neal Segrave Esquire is Respondent, et è contra."

Pleadings proved.

He was called in, and delivered the same at the Bar; and attested upon Oath, "They were true Copies, he having examined them with the Originals in the proper Offices in Ireland."

And then he was directed to withdraw.

Visc. Arbuthnot against Tulloch.

After hearing Counsel in Part, in the Cause wherein John Viscount of Arbuthnot is Appellant, and Thomas Tulloch Respondent:

It is Ordered, That the further Hearing of the said Cause be adjourned till To-morrow.

Adjourn.

Ds. Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, vicesimum septimum diem instantis Novembris, hora undecima Auroræ, Dominis sic decernentibus.

DIE Martis, 27^o Novembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Waters to enter into Recognizance on Edwards's Appeal.

The House being moved, "That Joseph Waters of the Parish of St. Andrew Holbourn may be permitted to enter into a Recognizance for Eleazer Edwards Merchant, on account of his Appeal depending in this House; he being indisposed:"

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

Visc. Arbuthnot against Tulloch:

After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of John Viscount of Arbuthnot; complaining of an Interlocutor of the Lords of Session in Scotland, of the 26th of January 1759; and of another Interlocutor of the said Lords, of the 17th of February 1759, adhering thereto; and praying, "That the same might be reversed, varied, or altered; and that the Appellant might have such other Relief in the Premises, as to this House in their Lordships great Wisdom and Justice should seem just:" As also upon the Answer of Thomas Tulloch Merchant put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Interlocutors affirmed, with Costs.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal be, and is hereby, dismissed this House; and that the said Interlocutors therein complained of be, and the same are hereby, affirmed: And it is further Ordered, That the said Appellant do pay, or cause to be paid, unto the said Respondent, the Sum of Eighty Pounds, for his Costs in respect of the said Appeal.

Adjourn.

Ds. Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, vicesimum nonum diem instantis Novembris, hora decima Auroræ, Dominis sic decernentibus.

DIE Jovis, 29^o Novembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Then, in order to proceed to the Abbey Church, Westminster, to solemnize this Day; being appointed, by His Majesty's Royal Proclamation, for a Publick Thanksgiving, for the signal Successes of His Majesty's Arms, both by Sea and Land, &c.;

Adjourn.

Ds. Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, tertium diem Decembris jam prox. sequen. hora undecima Auroræ, Dominis sic decernentibus.