Pages 290-300
Journal of the House of Lords Volume 30, 1760-1764. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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In this section
November 1762
Anno 3o Georgii Tertii.
DIE Martis, 9o Novembris.
Domini præsentes fuerunt:
The Lord Chancellor acquainted the House, "That a Commission was issued under the Great Seal, for the further Prorogation of the Parliament."
Then Three of the Lords Commissioners, being in their Robes, and seated on a Form placed between the Throne and the Woolsack; the Lord Chancellor in the Middle; with the Lord Viscount Falmouth on his Right Hand, and the Lord Grantham on his Left; commanded the Gentleman Usher of the Black Rod to let the Commons know, "The Lords Commissioners desire their immediate Attendance in this House, to hear the Commission read:"
Who being come, with their Speaker; the Commission was read, by the Clerk, as follows:
Commission for proroguing the Parliament.
"GEORGE R.
"George the Third, by the Grace of God, of Great Britain, France, and Ireland, King, Defender of the Faith, and so forth; To Our most Dear Brother and Faithful Counsellor Edward Duke of York Our most Dear Uncle and Faithful Counsellor William Duke of Cumberland; the most Reverend Father in God and Our Faithful Counsellor Thomas Archbishop of Canterbury Primate and Metropolitan of all England; Our Well-beloved and Faithful Counsellor Robert Lord Henley Our Chancellor of Great Britain; the most Reverend Father in God and Our Faithful Counsellor Robert Archbishop of York Primate and Metropolitan of England; Our most Dear Cousins and Counsellors John Earl Granville President of Our Council, John Duke of Bedford Keeper of Our Privy Seal, Charles Duke of Bolton, Thomas Duke of Leeds, John Duke of Rutland, John Duke of Argyll, James Duke of Athol, Peregrine Duke of Ancaster and Kesteven Great Chamberlain of England, Thomas Holles Duke of Newcastle, Lionel Duke of Dorset; John Marquis of Tweeddale; William Earl Talbot Steward of Our Household, Francis Earl of Huntingdon, Basil Earl of Denbigh, Daniel Earl of Winchilsea and Nottingham, Philip Earl of Chesterfield, John Earl of Sandwich, Anthony Earl of Shastesbury, George Henry Earl of Litchfield, Robert Earl of Holdernesse, William Henry Earl of Rochford, George Earl of Albemarle, William Earl of Jersey, Francis Earl of Godolphin, George Earl of Cholmondeley, Thomas Earl of Kinnoul Chancellor of Our Dutchy of Lancaster, John Earl of Hyndford, John Earl of Bute, George Dunk Earl of Halifax One of Our Principal Secretaries of State, James Earl Waldegrave, William Earl of Bath, Granville Earl Gower, John Earl of Buckinghamshire, Henry Arthur Earl of Powis Treasurer of Our Household, Charles Earl of Egremont One other of Our Principal Secretaries of State, Richard Earl Temple, Simon Earl Harcourt, Philip Earl of Hardwicke, John Earl Delawar; Hugh Viscount Falmouth; the Right Reverend Father in God and Our Faithful Counsellor Richard Lord Bishop of London; and Our Well-beloved and Faithful Counsellors John Lord Berkeley of Stratton, Allen Lord Bathurst, Samuel Lord Sandys, William Lord Mansfield Our Chief Justice assigned to hold Pleas before Us, Wills Lord Harwich, George Lord Lyttelton, Thomas Lord Grantham, and John Lord Lovell and Holland, 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 to be held at Our City of Westminster, the Nineteenth Day of May, in the First Year of Our Reign; which Our Parliament from thenceforth was prorogued, by Our several Writs, until and to the Third Day of November, in the Second Year of Our Reign, and there lately holden; and from thence, by several Adjournments and Prorogations, was adjourned and prorogued to and until Tuesday the Ninth Day of November Instant, then to be held, and fit at Our City of Westminster aforesaid: Know ye nevertheles that, for certain pressing Causes and Considerations Us especially moving, We have thought fit further to prorogue Our said Parliament: Therefore We, confiding very much in your Fidelity, Prudence, and Circumspection, have, by the Advice and Consent of Our Council, assigned you Our Commissioners; giving to you, or to any Three or more of you, by virtue of these Presents, full Power and Authority, from the said Ninth Day of November Instant, in Our Name, further to prorogue and continue Our present Parliament, at Our City of Westminster aforesaid, until and unto Thursday the Twenty-fifth Day of this Instant November, there then to be held and fit; and therefore We command you, that you diligently attend to the Premises, and effectually fulfil them in the Manner aforesaid. We also strictly command all and singular Our Archbishops, Dukes, Marquises, Earls, Viscounts, Bishops, Barons, Knights, Citizens, Burgesses, and Commissioners for Our Counties and Boroughs, and all others whom it concerns to meet at Our said Parliament, by virtue of these Presents, that they observe, obey, and assist you, in executing the Premises, as they ought to do. In Witness whereof, We have caused these Our Letters to be made Patent.
"Witness Ourself, at Westminster, the Third Day of November, in the Third Year of Our Reign.
"By the King Himself, signed with His own Hand.
"Yorke & Yorke."
Then the Lord Chancellor said,
Parliament prorogued.
"My Lords, and Gentlemen,
"By virtue of His Majesty's Commission under the Great Seal, to us and other Lords directed, and now read, we do, in His Majesty's Name, and in Obedience to His Commands, prorogue this Parliament to Thursday the Twenty-fifth Day of this Instant November, to be then here held: And this Parliament is accordingly prorogued to Thursday the Twenty-fifth Day of this Instant November."
16th December, 1762, Hitherto examined by us,
Marchmont.
Willoughby.
Boston.
Anno 3o Georgii Tertii.
DIE Jovis, 25o Novembris, 1762, Annoque Regni Serenissimi Domini Nostri Georgii Tertii, Dei Gratia, Magnæ Britanniæ, Franciæ, et Hib'niæ Regis, Fidei Defenforis, &c. Tertio, in quem Diem hæc Secunda Sessio Parliamenti, per separalia Adjournamenta et Prorogationes, continuata fuerat, in Superiori Domo Parliamenti Magnæ Britanniæ apud Westmonaster. convenere, Domini tam Spirituales quam Temporales, quorum Nomina subscribuntur, et præsentes fuerunt:
REX.
King present:
His Majesty, being seated on the Throne, adorned with His Crown and Regal Ornaments, and attended by His Officers of State (the Lords being 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 was pleased to speak, as follows; (videlicet,)
His Majesty's Speech.
"My Lords, and Gentlemen,
"I found, on My Accession to the Throne, these My Kingdoms engaged in a bloody and expensive War: I resolved to prosecute it with the utmost Vigour; determined, however, to consent to Peace, upon just and honourable Terms, whenever the Events of War should incline the Enemy to the same pacifick Disposition.
"A Negotiation was accordingly begun last Year, which proved ineffectual. The War became afterwards more general, by the Resolution of the Court of Madrid to take Part with My Enemy, notwithstanding My best Endeavours to prevent it.
"This, with the unexpected Attack of My natural and good Ally the King of Portugal, greatly affected our Commerce, multiplied the Objects of our Military Operations, and increased our Difficulties, by adding to the heavy Burdens under which this Country already laboured.
"My Object still continued the same, to attain an honourable Peace, by pursuing this more extensive War in the most vigorous Manner. I embraced there fore an Occasion offered Me of renewing the Negotiation; but at the same Time I exerted so effectually the Strength which you had put into My Hands, and have been so well served by My Fleets and Armies in the Execution of My Plans, that History cannot furnish Examples of greater Glory, or greater Advantages, acquired by the Arms of this or any other Nation in so short a Period of Time. My General Prince Ferdinand of Brunswick, and My Army in Germany, have gained immortal Honour, by many signal Advantages obtained during the Course of this Campaign, over an Enemy superior in Numbers. The Progress of the French and Spanish Arms in Portugal has been stopped, and that Kingdom preserved, by the Firmness and Resolution of its Sovereign, and by the Military Talents of the reigning Count La Lippe, seconded by the Valour of the Troops under his Command. Martinico and other Islands in The West Indies have been conquered: The Havannah, a Place of the utmost Importance to Spain, is in My Possession; and with it great Treasures, and a very considerable Part of the Navy of Spain, are fallen into our Hands.
"I cannot mention these Atchievements, which reflect such Honour on My Crown, without giving My publick Testimony to the unwearied Perseverance and unparalleled Bravery of My Officers and Private Men, by Sea and Land; who, by repeated Proofs, have shewn that no Climate, no Hardships, no Dangers, can check the Ardour, or resist the Valour, of the British Arms.
"Next to the Assistance of Almighty God, it is owing to their Conduct and Courage, that My Enemies have been brought to accept of Peace, on such Terms as, I trust, will give My Parliament entire Satisfaction. Preliminary Articles have been signed by My Minister, with those of France and Spain; which I will order, in due Time, to be laid before you.
"The Conditions of these are such, that there is not only an immense Territory added to the Empire of Great Britain, but a solid Foundation laid for the Increase of Trade and Commerce; and the utmost Care has been taken to remove all Occasions of future Disputes between My Subjects and those of France and Spain, and thereby to add Security and Permanency to the Blessings of Peace.
"While I carefully attended to the effential Interests of My own Kingdoms, I have had the utmost Regard to the good Faith of My Crown, and the Interests of My Allies: I have made Peace for the King of Portugal, securing to Him all His Dominions; and all the Territories of the King of Prussia, as well as of My other Allies in Germany, or elsewhere, occupied by the Armies of France, are to be immediately evacuated.
"Gentlemen of the House of Commons,
"I have ordered the proper Estimates to be laid before you; and shall, without Delay, proceed to make Reductions to the utmost Extent, wherever they may be found consistent with Wisdom and found Policy. It is the greatest Affliction for Me to find, that though the War is at an End, our Expenses cannot immediately be so much lessened as I desire: But, as nothing could have carried us through the great and arduous Difficulties surrounding us but the most vigorous and expensive Efforts, we must expect for some Time to feel the Consequences of them to a considerable Degree.
"My Lords, and Gentlemen,
"It was impossible to execute what this Nation has so gloriously performed in all Parts of the World, without the Loss of great Numbers of Men. When you consider this Loss, whether on the Principles of Policy or Humanity, you will see one of the many Reasons which induced Me to enter early into Negotiation, so as to make a considerable Progress in it before the Fate of many Operations was determined; and now to hasten the Conclusion of it, to prevent the Necessity of making Preparations for another Campaign. As by this Peace My Territories are greatly augmented, and new Sources opened for Trade and Manufactures; it is My earnest Desire, that you would consider of such Methods, in the Settlements of our new Acquisitions, as shall most effectually tend to the Security of those Countries, and to the Improvement of the Commerce and Navigation of Great Britain. I cannot mention our Acquisitions without earnestly recommending to your Care and Attention My gallant Subjects, by whose Valour they were made. We could never have carried on this extensive War without the greatest Union at Home. You will find the same Union peculiarly necessary, in order to make the best Use of the great Advantages acquired by the Peace; and to lay the Foundation of that Œconomy, which we owe to ourselves and to our Posterity, and which can alone relieve this Nation from the heavy Burdens brought upon it by the Necessities of this long and expensive War."
Then His Majesty was pleased to retire; and the Commons withdrew.
PRAYERS.
D of Manchester takes his Seat.
This Day George Duke of Manchester sat first in Parliament, after the Death of his Father Robert Duke of Manchester:
E. Cornwallis takes his Seat.
Also, Charles Earl Cornwallis sat first in Parliament, after the Death of his Father Charles Earl Cornwallis:
Their Lordships having first, at the Table, taken the Oaths, and made and subscribed the Declaration, and also taken and subscribed the Oath of Abjuration, pursuant to the Statutes.
Lords take the Oaths.
The Lords following also took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes:
Augustus Henry Duke of Grafton.
Henry Duke of Chandos.
Henry Earl of Lincoln.
Washington Earl Ferrers.
Frederick Lord Bishop of Exeter.
Wills Lord Harwich.
Bill (pro Forma) read.
Hodie 1a vice lecta est Billa, intituled, "An Act for the better regulating Select Vestries."
The Lord Chancellor reported His Majesty's Speech.
And the same being read, by the Clerk:
Order for Address:
Ordered, That an humble Address be presented to His Majesty, "To return Him the Thanks of this House, for His most Gracious Speech from the Throne.
"To entreat His Majesty to accept our most sincere and servant Congratulations on the Birth of an Heir to His Crown, which adds to His Domestick Happiness, and endears His Royal Confort to the People of these Realms; and promises that, under a Prince formed to the Arts of Government by His Royal Instruction and Example, the Civil and Religious Liberties, the Glory, the Commerce, and the Power, of Great Britain will be transmitted to Posterity.
"To acknowledge, with the utmost Gratitude, His Majesty's unwearied Attention to the Prosperity and Happiness of His People, which made Him constantly solicitous, even amidst the Glory of His Victories, to deliver them from the Burdens of War, by a just and honourable Peace.
"To admire the Wisdom which pointed out to His Majesty the Exertion of the most vigorous Efforts, as the furest Means of procuring this Blessing for His People.
"To offer to His Majesty our humble Congratulations on the signal Successes which have attended His Arms in the Course of the present Year; on the Reduction of the strong Island of Martinico; on the Conquest of The Havannah, the Bulwark of the Spanish Colonies; and on the Acquisition of so much Treasure, and so great a Part of the Spanish Marine; on the many Advantages obtained in Germany over the Arms of France, although superior in Numbers, by the able Conduct of His Majesty's General Prince Ferdinand of Brunswick, and by the Valour of the Troops under his Command; and on the Preservation of Portugal from the Dangers which threatened instantly to overwhelm it, and which could not have been so long withstood but by the Firmness of its Sovereign, by the Military Talents of the reigning Count La Lippe, and by the Valour of the Troops employed in that Service. To acknowledge that these Atchievements are equal to whatever has been performed in any former Year even of this prosperous War, though a new Enemy necessarily made our Military Operations more extensive, and added new Difficulties to those we struggled with before: That these Atchievements reflect the highest Honour on the Councils which planned them, on the Commanders who carried them into Execution, and on the Fleets and Armies whose Intrepidity no Dangers could dismay.
"To express, in the most servent and grateful Manner, our Joy and Congratulations, that, by these repeated Efforts, His Majesty has at length compelled His Enemies to consent to Terms of Peace.
"To thank His Majesty for having informed His Parliament, that Preliminary Articles are already signed by His Minister and those of France and Spain; and for His most gracious Assurances, that He will cause these Articles, in due Time, to be laid before them; and for the Lights He has been pleased to give concerning the Conditions of them, which afford to His People the fairest Prospect of future Happiness, Prosperity, and Security.
"To assure His Majesty, that we will not fail, on our Part, to take, as soon as possible, into our Consideration the proper Methods for the Settlement of our new Acquisitions, for improving the Commerce of them, and thereby making them useful to the Mother Country; and that, sensible of the Merits of those gallant Men, by whose Valour these Acquisitions have been made, we shall be ready to concur in every reasonable Proposition for rewarding them: That, lamenting as we do the Loss of so many of them, by which the National Strength is greatly impaired, we cannot but admire that Wisdom which seized the fortunate Hour of reaping the Advantages of our Victories, while we were yet on the Summit of our Glory, and before any Reverse of Fortune had happened: And that, in grateful Return for those many Blessings which His Majesty's Fortitude and Wisdom have procured for us, His Majesty may depend on our warmest Zeal, on our constant Endeavours, to promote that Unanimity His Majesty recommends in all our Proceedings; and on our Attention to those Measures of Œconomy which are the peculiar Business of Times of Peace, and which alone can relieve us from the oppressive Burdens of so long and so expensive a War."
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 agreed to.
And the Lord Lovel and Holland 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 return Your Majesty our humble Thanks, for Your most Gracious Speech from the Throne.
"Permit us, Sir, to take this earliest Opportunity to entreat Your Majesty to accept our most sincere and servent Congratulations on the Birth of an Heir to Your Crown, which adds to Your Majesty's Domestick Happiness, and endears Your Royal Confort to the People of these Realms; and promises that, under a Prince formed to the Arts of Government by Your Majesty's Royal Example, the Civil and Religious Liberties, the Glory, the Commerce, and the Power, of Great Britain, will be transmitted to Posterity.
"It is with the utmost Gratitude that we acknowledge Your Majesty's unwearied Attention to the Prosperity and Happiness of Your People, which made Your Majesty constantly solicitous, even amidst the Glory of Your Victories, to deliver them from the Burdens of War by a just and honourable Peace. At the same Time, we cannot but admire the Wisdom which pointed out to Your Majesty the most vigorous Efforts, as the surest Means of procuring this Blessing for Your People.
"We beg Leave to offer to Your Majesty our humble Congratulations, on the signal Successes which have attended Your Majesty's Arms in the Course of the present Year; on the Reduction of the strong Island of Martinico; on the Conquest of The Havannah, the Bulwark of the Spanish Colonies; and on the Acquisition of so much Treasure, and of so great a Part of the Spanish Marine; on the many Advantages obtained in Germany over the Arms of France, although superior in Numbers, by the able Conduct of Your Majesty's General Prince Ferdinand of Brunswick, and by the Valour of the Troops under his Command; and on the Preservation of Portugal from the Dangers which threatened instantly to overwhelm that Kingdom, and which could not have been so long withstood but by the Firmness of its Sovereign, by the Military Talents of the reigning Count La Lippe, and by the Valour of the Troops employed in that Service. These Atchievements must be acknowledged to be equal to whatever has been performed in any former Year even of this prosperous War, though a new Enemy necessarily made our Military Operations more extensive, and added new Difficulties to those we struggled with before: Atchievements which reflect the highest Honour on the Councils that planned them, on the Commanders who carried them into Execution, and on the Fleets and Armies whose Intrepidity no Dangers could dismay.
"Allow us to express, in the most servent and grateful Manner, our Joy and Congratulations, that, by these repeated Efforts, Your Majesty has at length compelled Your Enemies to consent to Terms of Peace: As well as to offer to Your Majesty our sincere Thanks, for Your having informed Your Parliament, that Preliminary Articles are already signed by Your Majesty's Minister and by those of France and Spain; for Your Majesty's most Gracious Assurances, that You will cause these Articles, in due Time, to be laid before them; and for the Lights Your Majesty has been pleased to give concerning the Conditions of them; which afford to Your People the fairest Prospect of future Happiness, Prosperity, and Security.
"Your Majesty may be assured, that we will not fail, on our Part, to take, as soon as possible, into our Consideration the proper Methods for the Settlement of our new Acquisitions, for improving their Commerce, and thereby rendering them useful to the Mother Country. Truly sensible of the Merits of those gallant Men by whose Valour those Acquisitions have been made, we shall be ready to concur in every reasonable Proposition for rewarding them. Lamenting, at the same Time, as we do, the Loss of so many of our Fellow Subjects, by which the National Strength is greatly impaired, we cannot sufficiently admire that Wisdom which seized the fortunate Hour of reaping the Advantages of our Victories, while we were yet on the Summit of our Glory, and before we had experienced any Reverse of Fortune. In grateful Return for those many Blessings which Your Majesty's Royal Wisdom and Fortitude have procured for us, Your Majesty may depend on our warmest Zeal, on our constant Endeavours to promote that Unanimity Your Majesty recommends in all our Proceedings, and on our Attention to those Measures of Œconomy which are the peculiar Business of Times of Peace, and which alone can relieve Your Majesty's faithful People from the oppressive Burdens of so long and so expensive a War."
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.
Congratulatory Message to the Queen, on the Birth of the Prince of Wales.
Ordered, That a Message be sent from this House to the Queen, "Humbly to beseech Her Majesty to accept our most cordial and joyful Congratulations on Her Majesty's happy Delivery, and the Birth of the Prince of Wales; to assure Her Majesty of the sincere Part this House takes in an Event which so nearly interests the domestick Happiness of His Majesty; and to express the very particular Satisfaction with which we see this early Pledge, that the Civil and Religious Liberties of this Country will be perpetuated under a Race of Princes descended from Her Majesty."
Ordered, That the Earl of Aylesford and the Lord Harwich do carry the said Message.
Committee of Privileges.
Lords Committees appointed to consider of the Orders and Customs of this 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 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 the last Session of Parliament.
D. Richmond. D. Grafton. D. Leeds. D. Ancaster. D. Portland. Ld. Steward. E. Huntingdon. E. Suffolk. E. Denbigh. E. Winchilsea. E. Litchfield. E. Abercorn. E. Marchmont. E. Bute. E. Aylesford. E. Powis. E. Northumb'land. E. Egremont. E. Hertford. E. Hardwicke. E. Fauconberg. Vis. Stormont. Vis. Falmouth. Vis. Wentworth. |
L. Bp. London. L. (fn. 1) B. Durham. L. B. Sarum. L. B. Roffen. L. B. Litch. & Cov. L. B. Chester. L. B. Lincoln. |
Ld. Willoughby Par. L. St. John Blet. L. Berkeley Str. L. Dclamer. L. Cathcart. L. Ducie. L. Sandys. L. Bruce. L. Grantham. L. Boston. |
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 leading to this House, that the Lords and others are frequently hindered from coming thereto:"
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 of the said City, shall, by their strict Care and Directions to the Constables and other Officers within their Jurisdiction, take special Order that no empty Hackney Coaches be suffered to make any Stay, between Whitehall and the End of Abingdon Street in Westminster, from Twelve of the Clock at Noon 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 stop in the Streets and Passages, between the End of Market Lane in Pall Mall and the End of Abingdon Street, between the Hours aforesaid; or to pass through The Old Palace Yard, from One of the Clock in the Afternoon until One Hour after the Rising of this House, during the Sitting of this Parliament; and that all Carriages, Drays, or Carts, hereby permitted to pass through the said Streets and Passages, be obliged to go one after another, in the Manner following; that is to say, all Carriages, Drays, or Carts, going towards Westm'r, to keep on the Side of the Street or Passage next to Saint James's Park; and all those going the contrary Way, to keep on the other Side the Street; and upon no Account whatsoever to presume to go Two or more abreast, 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 effe usque ad et in diem Veneris, vicesimum sextum diem instantis Novembris, hora undecima Auroræ, Dominis sic decernentibus.
DIE Veneris, 26o 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 He would please to appoint, to be attended with their Lordships Address; and that His Majesty had appointed this Day, at Two o'Clock, at His Palace of Saint James."
Lightburne & al. against Gill & Colles.
Upon reading the Petition and Appeal of Stafford Lightburne the Elder Clerk, Willoughby Lightburne, George Barker and Deborah his Wife, Harcourt Lightburne, John Lightburne, Joseph Chambers and Mary his Wife, and Hannah Lightburne Spinster; complaining of a Decretal Order of the Court of Chancery in Ireland, of the 26th of February 1761; and of an Order of the same Court, of the 10th of July last; and praying, "That the same may be reversed and set aside; and that this House will make such further Order for the Appellants Relief in the Premises as the Nature and Circumstances of the Case may require; and that Mary Gill and Henrietta Colles may be required to answer the said Appeal:"
It is Ordered, That the said Mary Gill and Henrictta Colles 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 31st Day of December next; and Service of this Order upon the Clerks in Court or Agents of the said Respondents in the said Court of Chancery in Ireland, shall be deemed good Service.
Woods against Daly.
Upon reading the Petition and Appeal of Alexander Woods of Killateery in the County of Gallway and Kingdom of Ireland Merchant; complaining of Two Decrees of the Court of Chancery in the said Kingdom, of the 9th of February 1746, and 14th of February 1761; and praying, "That the same may be reversed, varied, or altered; or that the Appellant may have such Relief in the Premises as to this House in their Lordships great Wisdom shall seem meet; and that Catherine Daly may be required to answer the said Appeal:"
It is Ordered, That the said Catherine Daly may have a Copy of the said Appeal; and do put in her Answer thereunto, in Writing, on or before Friday the 31st Day of December next; and Service of this Order on her Clerk in Court shall be deemed good Service.
Browne against Ward & al.; Cross Appeal.
Upon reading the Petition and Cross Appeal of Thomas Browne Esquire; complaining of certain Parts of a Decretal Order of the Court of Chancery in Ireland, of the 29th of June 1761; and praying, "That this House will be pleased to amend, vary, and rectify the said Decretal Order, in the several Particulars complained of; or that such Order may be made for the Appellant's Relief in the Premises as the Nature and Circumstances of the Case may require; and that James Ward, John White, Elizabeth White, Jane White, Jordan Roche, Edward Bullingbroke, Thomas Southwell, and Edward Herbert, may be required to answer the said Appeal:"
It is Ordered, That the said James Ward, John White, Elizabeth White, Jane White, Jordan Roche, Edward Bullingbroke, Thomas Southwell, and Edward Herbert, 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 31st Day of December next; and Service of this Order upon the Clerk or Agent of the said Respondents in the said Court of Chancery in Ireland shall be deemed good Service.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, vicesimum nonum diem instantis Novembris, hora undecima Auroræ, Dominis sic decernentibus.
DIE Lunæ, 29o Novembris.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
The King's Answer to Address.
The Lord Chancellor reported, "That the House did, on Friday last, present their Address to His Majesty; to which His Majesty was pleased to return the following most Gracious Answer:
"My Lords,
"This very affectionate and loyal Address gives Me the truest Satisfaction. I thank you heartily for it, as well as for your Congratulations on the Birth of the Prince My Son, and for the Regard you express on this Occasion for the Queen.
"The chearful and steady Support of My Parliament throughout the War has been attended with uninterrupted Success; and the Ratification of the Preliminary Articles will, I trust, soon be followed by the Completion of the Peace on safe and honourable Conditions.
"My only Wish is, and ever will be, to promote the lasting Happiness, Prosperity, and Security, of My faithful People."
Ordered, That the said Address, and His Majesty's most Gracious Answer thereunto, be forthwith printed and published.
The Queen's Answer to Congratulatory Message.
The Earl of Aylesford reported, "That he and the Lord Harwich had (according to Order) waited on the Queen, with their Lordships Message of Congratulation on Her Majesty's happy Delivery, and the Birth of the Prince of Wales; to which Her Majesty was pleased to return the following Answer:
"My Lords,
"I return You My hearty Thanks, for this fresh Mark of Your Duty to the King and Attention to Me. My earnest Wishes will ever attend your Lordships and this great Kingdom."
Haldane & al. Leave to withdraw their Appeal.
Upon reading the Petition of Robert Haldane Esquire and others, Appellants in a Cause depending in this House, wherein Francis Holbourne Esquire and others are Respondents; praying Leave to withdraw their said Appeal; the Agent for the Respondents having signed the said Petition, as consenting thereto:
It is Ordered, That the Petitioners be at Liberty to withdraw their said Appeal, as desired.
Riddoch & al. Leave to withdraw their Appeal.
Upon reading the Petition of John Riddoch and Colonel James Haliburton, Appellants in a Cause depending in this House, wherein Patrick Honeyman and others are Respondents; praying, "In regard the Question in Issue between the Parties in this Cause hath been happily accommodated, that they may have Leave to withdraw their said Appeal; the Respondents Agent having signed the said Petition, as consenting thereto:"
It is Ordered, That the Petitioners be at Liberty to withdraw their said Appeal, as desired.
Dundas to amend Appeal.
Upon reading the Petition of Thomas Dundas Esquire and Thomas Dundas his Son, Appellants in a Cause depending in this House, wherein George Dundas Esquire is Respondent; setting forth, "That the said Respondent died since the Service of their Lordships Order, made upon receiving the said Appeal, without having put in an Answer thereto;" and praying, "That the said Appeal may be revived against the legal Representatives of the deceased Respondent; and that they may be ordered to put in an Answer thereto:"
It is Ordered, That the Petitioners be at Liberty to amend their said Appeal, by making the legal Representatives of the said Original Respondent Parties thereto; and that they do put in their Answer to the said Appeal, when amended, on or before Monday the 27th Day of December next.
Thom, to amend his Appeal.
Upon reading the Petition of William Thom Appellant in a Cause depending in this House, wherein David Dalrymple is Respondent; setting forth, "That the said Appeal was transmitted from Scotland imperfect, by leaving out several Parties who were material Parties to the Suit in the Court below;" and therefore praying Leave to amend his Appeal, by adding the necessary Parties; and that the Parties to be added as Respondents may be required to put in their Answer:
It is Ordered, That the Petitioner be at Liberty to amend his said Appeal, by adding the proper Parties; and that the Parties to be added as Respondents may have a Copy of the said amended Appeal; and do put in their Answer or respective Answers to the said amended Appeal, on or before Monday the 27th Day of December next.
C. Leslie against Grant and Orme.
The House being moved, at the Desire of the Parties on both Sides, in the Cause wherein Anthony Count Leslie is Appellant, and Peter Grant and David Orme are Respondents, which stands appointed for Hearing on Wednesday next, "That the said Hearing may be put off till after all the Causes already appointed:"
It is Ordered, That the Hearing of the said Cause be put off till the First vacant Day for Causes after those already appointed.
Sir D. Cunningham against Wardrobe et al.
The House being moved, "That a Day may be appointed, for hearing the Cause wherein Sir David Cunningham is Appellant, and William Wardrobe and others are Respondents:"
It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on the First vacant Day for Causes after those already appointed.
Browne's Cross Appeal to be heard at the same Time with the Original Appeal.
A Petition of Thomas Browne Esquire, One of the Respondents in a Cause depending in this House, wherein James Ward is Appellant, which stands appointed for Hearing, was presented and read; setting forth, "That, the Petitioner's Counsel having advised a Cross Appeal, the same was accordingly prepared, but too late to be presented in the last Session; and that the Petitioner, on Friday last, presented his Cross Appeal;" and praying, "That the said Cross Appeal may be heard at the same Time with the said Original Appeal."
And thereupon the Agents on both Sides were called in, and heard at the Bar.
And being withdrawn:
Ordered, That the Cross Appeal be heard at the same Time with the said Original Appeal.
Complaint of Stoppages in the Streets:
Notice being taken, in the House, of great Stoppages and Obstructions in the Streets and Passages leading to this House, on Thursday last, when His Majesty came to the House, to the very great Inconvenience and Hindrance of the Lords in their coming and returning from the House on that Day:
High Constable to attend.
It is Ordered, That the High Constable of the City and Liberty of Westminster do attend this House on Friday next.
Preliminary Articles of Peace delivered.
The Earl of Egremont (by His Majesty's Command) presented to the House,
"Copy of the Preliminary Articles of Peace, signed at Fontainebleau, November 3d, 1762, by the Pleni potentiaries of Great Britain, France, and Spain; and Translation."
"Copy of a Declaration, signed at Fontainebleau, the 3d of November, 1762, by the French Plenipotentiary, relating to the 13th Article of the Preliminaries; and Translation."
"Copy of the Preliminary Articles of Peace, signed at Fontainebleau, November 3d, 1762, by the Plenipotentiaries of Great Britain, Spain, and France; and Translation."
And the Titles thereof being read by the Clerk:
Ordered, That the said Copies do lie on the Table.
His Lordship also acquainted the House, "That His Majesty would cause printed Copies thereof to be delivered, for the Use of the Lords, in a Day or Two."
Ordered, That this House will, on Thursday the 9th Day of December next, take into Consideration the said Preliminary Articles of Peace and Declaration; and that all the Lords be summoned to attend.
Yate's Pet. referred to Judges.
Upon reading the Petition of Robert Dobyns Yate Esquire; praying Leave to bring in a Bill, for applying of certain Trust-money bequeathed by the Will of Walter Yate Esquire, deceased, if any such there be; or else for raising Money, by Mortgage of Estates devised by the said Will, or some Part thereof, for the Purposes therein mentioned:
It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Justice Clive 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.
Neals Pet. referred to Judges.
Upon reading the Petition of Nathaniel Neal and Elizabeth his Wife (heretofore Elizabeth Matthew Spinster) Elizabeth Neal Spinster, and John Rogers and Mary his Wife, late Mary Neal Spinster; praying Leave to bring in a Bill, for varying and changing the Trusts in the Settlement made upon the Marriage of the Petitioners Nathaniel Neal and Elizabeth his Wife, so far as to enable them to make an immediate, more certain, and effectual Provision for their Children:
It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Baron of the Court of Exchequer and Mr. Baron Adams; who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties who may be concerned in the Consequences of the Bill have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.
Ld. C. Spencer & al. against D. of Marlborough & al.
Upon reading the Petition and Appeal of the Right Honourable Charles Spencer, commonly called Lord Charles Spencer, and of the Right Honourable Robert Spencer, commonly called Lord Robert Spencer, (the said Robert Spencer being an Infant under the Age of Twenty-one Years, by the Right Honourable John Lord Trevor his Uncle and next Friend), and of the Right Honourable John Lord Viscount Spencer, and of the Honourable George Spencer his only Son, an Infant, under the Age of Twenty-one Years, by the said John Lord Viscount Spencer his Father and next Friend; complaining of a Decree of the Court of Chancery, of the 16th of November 1759; and praying, "That the same may be reversed, set aside, or varied; or such other Order made in the Premises as the Nature and Circumstances of the Case may require; and that George Duke of Marlborough, John Duke of Bedford, Francis Earl Godolphin, Charles Lord Viscount Fane, and Joseph Fyson, may be required to answer the said Appeal:"
It is Ordered, That the said George Duke of Marlborough, John Duke of Bedford, Francis Earl Godolphin, Charles Lord Viscount Fane, and Joseph Fyson, may have a Copy of the said Appeal; and do put in their Answer or respective Answers thereunto, in Writing, on or before Monday the 13th Day of December next.
Plunkett against Plunkett & al.
Upon reading the Petition of James Plunkett Esquire Appellant in a Cause depending in this House, wherein Arthur Plunkett and others are Respondents; setting forth, "That the said Arthur Plunkett, the Petitioner's late Father, One of the Respondents to the said Appeal, died intestate, in Parts beyond the Seas, since the last Session of Parliament, whereby the said Appeal is become abated, as to the said Arthur Plunkett; and that the said Appeal stands for Hearing before their Lordships on Friday next;" and alleging, "That the Petitioner is advised that it is necessary, in order to reviving the said Appeal, that Letters of Administration of the Personal Estate of the said Arthur Plunkett should be taken out of the proper Ecclesiastical Court in Ireland, before the said Appeal can be revived, and come on to be heard;" and therefore praying, "That the Hearing of the said Appeal may be postponed:"
It is Ordered, That the Hearing of the said Appeal be postponed, as desired.
Ld. R. Manners & al. against Moore & al.
Upon reading the Petition of the Lord Robert Manners and others, Appellants in a Cause depending in this House, wherein Stephen Moore Esquire and Alice Moore his Wife and others are Respondents; setting forth, "That the said Alice Moore is since dead, leaving Stephen Moore the Younger her Eldest Son and Heir at Law, whereby the said Appeal, with respect to the said Alice Moore, is become abated; and, as the Petitioners are advised, ought to be revived against the said Stephen Moore the Younger, as her Heir at Law;" and therefore praying, "That the said Appeal may be revived against the said Stephen Moore the Younger; and that he may be required to put in his Answer thereto; and that, in the mean Time, the said Hearing may be postponed:"
It is Ordered, That the said Appeal do stand revived against the said Stephen Moore, Son of the said Alice Moore, the deceased Respondent; and that he do put in his Answer thereto, in Writing, on or before Monday the 3d Day of January next; and that, in the mean Time, the said Hearing be postponed, as desired.
Meyer, Leave for a Nat. Bill:
Upon reading the Petition of Jeremiah Meyer; praying, "That Leave may be given 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.
Whereupon the Earl of Marchmont presented to the House a Bill, intituled, "An Act for naturalizing Jeremiah Meyer."
The said Bill was read the First Time.
Howard to enter into a Recognizance on Woods' Appeal.
The House being moved, "That Mr. Edward Howard may be permitted to enter into a Recognizance for Alexander Woods, on account of his Appeal depending in this House; he residing in Ireland:"
It is Ordered, That the said Edward Howard may enter into a Recognizance for the said Appellant, as desired.
Gratton to enter into a Recognizance on Lightburne's Appeal.
The House being moved, "That John Gratton of Broad Street London Merchant may be permitted to enter into a Recognizance for Stafford Lightburne and others, on account of their Appeal depending in this House; they residing in Ireland:"
It is Ordered, That the said John Gratton may enter into a Recognizance for the said Appellants, as desired.
Cheflyns against Crelwell.
The House being moved, "That a Day may be appointed, for hearing the Cause wherein Richard Cheslyn and Edward Cheslyn are Appellants, and Henry Cresswell and others are Respondents:"
It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on the First vacant Day for Causes after those already appointed.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum effe usque ad et in diem Veneris, tertium diem Decembris jam prox. sequen. hora undecima Auroræ, Dominis sic decernentibus.