House of Lords Journal Volume 35: November 1778

November 1778

DIE Jovis 26^o Novembris 1778.

DIE Jovis 26^o Novembris 1778, Annoque Regni Serenissimi Domini Nostri Georgii Tertii, Dei Gratia, Magna Britannia, Franciœ, et Hib'niœ, Regis, Fidei Defensoris, &c. Decimo Nono; in quem Diem hæc Quinta Sessio Parliamenti, per separalia Adjournamenta et Prorogationes continuata fuerat, in Superiori Domo Parliamenti Magnœ Britanniœ 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 say,

His Majesty's Speech

My Lords, and Gentlemen,

I have called you together in a Conjuncture which demands your most serious Attention.

In the Time of profound Peace, without Pretence of Provocation or Colour of Complaint, the Court of France hath not forborne to disturb the Publick Tranquillity, in Violation of the Faith of Treaties, and the general Rights of Sovereigns; at first, by the clandestine Supply of Arms, and other Aid to My revolted Subjects in North America; afterwards, by avowing openly their Support, and entering into formal Engagements with the Leaders of the Rebellion, and at length by committing open Hostilities and Depredations on My faithful Subjects, and by an actual Invasion of My Dominions in America and the West Indies.

It is, I trust, unnecessary for Me to assure you, that the same Care and Concern for the Happiness of My People, which induced Me to endeavour to prevent the Calamities of War, will make Me desirous to see a Restoration of the Blessings of Peace, whenever it can be effected with perfect Honour, and with Security to the Rights of this Country.

In the mean Time, I have not neglected to take the proper and necessary Measures for disappointing the malignant Designs of Our Enemies, and also for making general Reprisals; and although My Efforts have not been attended with all the Success, which the Justice of Our Cause and the Vigour of Our Exertions seemed to promise, yet the extensive Commerce of My Subjects has been protected in most of its Branches, and large Reprisals have been made upon the injurious Aggressors, by the Vigilance of My Fleets, and by the active and enterprizing Spirit of My People.

The great Armaments of other Powers, however friendly and sincere their Prosessions, however just and honourable their Purposes, must necessarily engage Our Attention.

It would have afforded Me very great Satisfaction to have informed you, that the Conciliatory Measures planned by the Wisdom and Temper of Parliament, had taken the desired Effect, and brought the Troubles in North America to a happy Conclusion.

In this Situation of Affairs, the National Honour and Security call so loudly upon Us for the most active Exertions, that I cannot doubt of your heartiest Concurrence and Support. From the vigour of your Councils, and the Conduct and Intrepidity of My Officers and Forces by Sea and Land, I hope, under the Blessing of God, to derive the Means of vindicating and maintaining the Honour of My Crown, and the Interests of My People, against all Our Enemies.

Gentlemen of the House of Commons,

I will order the proper Estimates for the Service of the ensuing Year to be laid before you; and when you consider the Importance of the Objects for which We are contending, you will, I doubt not, grant Me such Supplies as you shall judge necessary for the Public Service, and adequate to the present Emergency.

My Lords, and Gentlemen,

I have, according to the Powers vested in Me for that Purpose, called forth the Militia to assist in the interior Defence of this Country; and I have with the greatest and truest Satisfaction, been Myself a Witness of that Public Spirit, that steady Ardour, and that Love of their Country, which animate and unite all Ranks of My faithful Subjects, and which cannot fail of making Us safe at Home and respected Abroad."

Then His Majesty was pleased to retire;

And the Commons withdrew.

The House was adjourned during Pleasure to unrobe.

The House was resumed.

PRAYERS.

Marquis of Lothian returned a Scotch Peer.

This Day the Deputy Clerk of the Crown in Chancery delivered in a Certificate of the Name of the Peer of Scotland, who by virtne of His Majesty's Proclamation, is chosen to fit and vote in this House, in the Room of Charles Viscount Irwin deceased; which was read by the Clerk as follows; (videlicet)

May it please your Lordships,

I do hereby certify, that, by virtue of His Majesty's Royal Proclamation, dated the Seventh Day of August 1778, a Certificate under the Hands and Seals of Alexander Tait and Alexander Robertson Esquires, Two of the principal Clerks of Session attending the Election after mentioned, in virtue of the Lord Clerk Register's Commission to them granted, hath been delivered into the Crown Office in Chancery; whereby it appears that William John Marquis of Lothian was elected, and chosen to sit and vote in the House of Peers in this present Parliament, in the Room of Charles Viscount Irwin deceased. Given under my Hand this Twenty-ninth Day of September 1778.

"John Yorke, Clerk of the Crown in Chancery."

Bill proforma read.

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

His Majesty's Speech reported:

The Lord Chancellor reported His Majesty's Speech:

And the same being read by the Clerk;

Motion for an Address thereon;

Moved, "That an humble Address be presented to His Majesty, to return His Majesty our humble Thanks for His most Gracious Speech from the Throne.

To express our strong Sense of the Importance of thofe Objects which render the present Conjuncture worthy of the most serious Attention.

To assure His Majesty that the Disturbance of the Publick Tranquillity by the Court of France, without Pretence of Provocation or Colour of Complaint, the clandestine Assistance, the avowed Support, the formal Engagements, which, at different Periods, that Court has not thought it inconsistent with its Honour to afford to His Majesty's revolted Subjects in North America, and to conclude with the Leaders of Rebellion, excite in our Breasts a just Abhorrence of the Violation of every publick Principle which such a Conduct manifests, and a Determination to concur in every Measure which may enable His Majesty to resent with Effect, the Hostilities committed on His Majesty's faithful Subjects, and the actual Invasion of His Majesty's Dominions in America and the West Indies.

To express our grateful Sense of the tender Concern for the Happiness of His People, which has uniformly induced His Majesty to endeavour to prevent the Calamities of War, and will make His Majesty desirous to see the Return of Peace, whenever it can be effected with perfect Honour, and with Security to the Rights of this Country.

To return His Majesty our dutiful Thanks for His great Care in taking the proper and necessary Meafures for disappointing the malignant Designs of our Enemies, and also for making general Reprisals, and for the Protection which has been derived from the Vigilance of His Majesty's Fleets to our extensive Commerce, in most of its Branches, while that of the Enemy has materially suffered by the active and enterprizing Spirit of our Fellow Subjects; and to express our Hopes, although His Majesty's Efforts have not hitherto been attended with all the Success which the Justice of our Cause and the Vigour of our Exertions seemed to promise, that Consequences more adequate to both may result from the animated Execution of firm and active Councils, which the Time requires, and with which the spirited Perseverance of the British Nation has so often surmounted the greatest Difficulties.

To express our Concern that the Conciliatory Mea sures of Parliament have not yet had the good Effect with His Majesty's revolted Subjects, which was due to the Wisdom and Temper with which they were planned.

To assure His Majesty that, fully sensible that in the present Situation of Affairs the National Honour and Security loudly calls for the most active Exertions, we will strenuously concur in supporting His Majesty, that, under the Blessing of God, Means may be derived from the Conduct and Intrepidity of His Majesty's Officers and Forces by Sea and Land, and the yet undaunted Spirit of the Nation, to vindicate and maintain the Honour of the Crown, and the Interests of the People of Great Britain.

To return His Majesty our cordial Acknowlegements for having called forth the Militia to assist in the interior Defence of this Country; and to assure His Majesty that it is with Joy and Exultation we hear the gracious Testimony His Majesty is pleased to bear to the public Spirit, the steady Ardour and the Love of their Country, which animate that National Force, and unite all Ranks of His Majesty's faithful Subjects, in giving signal Proofs to all the World, of a Loyalty and Zeal which must render us safe at Home and respected Abroad."

Which being objected to; And a Debate arising thereupon:

The House cleared.

Ordered, That the House be cleared. The House was immediately cleared accordingly.

Then the Debate was resumed:

And being finished;

The Question was put, "Whether to agree to the said Motion for an Address?"

It was resolved in the Affirmative.

Then the Lords following were appointed a Committee to prepare an Address pursuant thereto; (videlicet)

Their Lordships, of 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 Duke of Chandos reported from the Committee an Address drawn by them as follows (videlicet)

Address reported and agreed to.

Most Gracious Sovereign,

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

We have the strongest Sense of the Importance of those Objects which render the present Conjuncture worthy of the most serious Attention.

The Disturbance of the Publick Tranquillity by the Court of France, without Pretence of Provocation or Colour of Complaint, the clandestine Assistance, the avowed Support, the formal Engagements which, at different Periods, that Court has not thought it inconsistent with its Honour to afford to Your Majesty's revolted Subjects in North America, and to conclude with the Leaders of Rebellion, excite in cur Breasts a just Abhorrence of the Violation of every publick Principle which such a Conduct manisests, and a Determination to concur in every Measure which may enable Your Majesty to resent with Effect, the Hostilities committed on Your faithful Subjects, and the actual Invasion of Your Majesty's Dominions in America and the West Indies.

We beg leave to express our grateful Sense of the tender Concern for the Happiness of Your People, which has uniformly induced Your Majesty to endeavour to prevent the Calamities of War, and will make Your Majesty desirous to fee the Return of Peace, whenever it can be effected with perfect Honour, and with Security to the Rights of this Country.

At the same Time, We return Your Majesty our dutiful Thanks for Your great Care in taking the proper and necessary Measures for disappointing the malignant Designs of our Enemies, and also for making general Reprisals, and for the Protection which has been derived from the Vigilance of Your Majesty's Fleets to our extensive Commerce, in most of its Branches, while that of the Enemy has materially suffered by the active and enterprising Spirit of our Fellow Subjects; and we hope, although Your Majesty's Efforts have not hitherto been attended with all the Success which the Justice of our Cause, and the Vigour of our Exertions seemed to promise, that Confequences more adequate to both may result from the animated Execution of firm and active Councils, which the Time requires, and with which the spirited Perseverance of the British Nation has so often furmounted the greatest Difficulties.

It is with Concern we learn that the Conciliatory Measures of Parliament, have not yet had the good Effect with Your Majesty's revolted Subjects, which was due to the Wisdom and Temper with which they were planned.

In this Situation of Affairs, fully sensible that the National Honour and Security loudly calls for the most active Exertions, we will strenuously concur in supporting Your Majesty, that, under the Blessing of God, Means may be derived from the Conduct and Intrepidity of Your Majesty's Officers and Forces by Sea and Land, and the yet undaunted Spirit of the Nation, to vindicate and maintain the Honour of the Crown, and the Interests of the People of Great Britain.

We return Your Majesty our cordial Acknowledgements for having called forth the Militia to assist in the interior Defence of this Country; and it is with Joy and Exultation we hear the gracious Testimony Your Majesty is pleased to bear to the Public Spirit, the Steady Ardour, and,the Love of their Country, which animate that National Force, and unite all Ranks of Your Majesty's faithful Subjects in giving signal Proofs to all the World, of a Loyalty and Zeal which must render us safe at Home and respected Abroad."

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.

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 Journals.

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

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

Stoppages in the Streets, Order to prevent.

The House taking Notice, "That there is such an Interruption by Hackney Coaches, Carts and Drays, in the Streets and Passages 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 Westminster, 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 of the Street; and upon no Account whatsoever to presume to go Two or more a-breast, 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 et in diem Veneris, vicesimum septimum diem instantis Novembris, hora undecima Auroræ, Dominis sic decernentibus.

DIE Veneris 27^o Novembris 1778.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

E. Aberdeen against Fullerton.

The Answer of Lieutenant General Robert Fullerton of Dudwick, to the Appeal of George Earl of Aberdeen, was this Day brought in.

Staepoole against Davoren.

As was also, The Answer of James Davoren to the Appeal of George Stacpoole Esquire.

His Majesty to be attended with the Address.

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

Thriepland against Waish et al.

Upon reading the Petition and Appeal of Doctor Stuart Thriepland, Physician in Edinburgh, complaining of Two Interlocutors of the Lords of Session in Scotland, of the 8th and 24th of July 1778; and praying, "That the same may be reversed, varied or altered, or that the Appellant may have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that John Walsh Esquire, and other Trustees for the Creditors of the York Buildings Company, and George Buchan Hepburn Esquire, Advocate, Factor on the sequestrated Estates of the said Company, may be required to answer the said Appeal:"

It is Ordered, That the said John Walsh Esquire, and other Trustees for the Creditors of the York Buildings Company, and George Buchan Hepburn Esquire, 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 25th Day of December next; and Service of this Order upon the said Respondents, or any of their Counsel or Agents in the said Court of Session in Scotland, shall be deemed good Service.

Alston et al. against Campbell et al.

Upon reading the Petition and Appeal of John Alston, Alexander Elliot, William Colhoun, John M^cDowal, Alexander M^cCaul, James Young and John Lowrie, all Merchants in Glasgow; complaining of an Interlocutor of the Lord Ordinary in Scotland, of the 9th of July 1777; also of Two Interlocutors of the Lords of Session there, of the 19th of November and 20th of December 1777; and also of Two other Interlocutors of the said Lord Ordinary, of the 5th and 8th of August 1778; and praying, "That the same may be reversed, varied or altered, or that the Appellants may have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that Messieurs Colin Campbell and Company, Merchants in Greenock, and John M^cAllester Merchant in Dublin, may be required to answer the said Appeal:"

It is Ordered, That the said Colin Campbell and Company, and John M^cAllester, 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 25th Day of December next; and Service of this Order upon the said Respondents, or any of their Counsel or Agents in the said Court of Session in Scotland, shall be deemed good service.

Bean against Robertson:

Upon reading the Petition of John Robertson, Defendant in a Writ of Error depending in this House, wherein Samuel Bean is Plaintiff, setting forth, That the Plaintiff has not assigned Errors within the Time limited by their Lordships Standing Order;" and therefore praying, "That the said Writ of Error may be Non-pros'd with such Costs, as to their Lordships shall seem meet."

Writ of Error Non pros'd with Costs.

It is Ordered, That the Petitioner do forthwith enter a Non-pros, on the said Writ of Error as desired; and that the Record be remitted to the Court of King's Bench, to the End Execution may be had upon the Judgement given by that Court, as if no such Writ of Error had been brought into this House; and further, that the Plaintiff in Error do pay, or cause to be paid, to the Defendant in Error, the Sum of Forty Pounds for his Costs, by Reason of the Delay of the Execution of the said Judgement.

Down against Roe:

Upon reading the Petition of Richard Roe (on Demise of Ann Baker) Defendant in a Writ of Error depending in this House, wherein Thomas Down is Plaintiff, setting forth, "That the Plaintiff has not assigned Errors within the Time limited by their Lordships Standing Order;" and therefore praying, "That the said Writ of Error may be Non-pros'd with such Costs, as to their Lordships shall seem meet:"

Writ of Error Non-pros'd with Costs.

It is Ordered, That the Petitioner do forthwith enter a Non-pros. on the said Writ of Error as desired; and that the Record be remitted to the Court of King's Bench, to the End Execution may be had upon the Judgement given by that Court, as if no such Writ of Error had been brought into this House; and further, that the Plaintiff in Error do pay, or cause to be paid, to the Defendant in Error, the Sum of Forty Pounds for his Costs, by Reason of the Delay of the Execution of the said Judgement.

Lancake against Herries, et al:

Upon reading the Petition of Robert Herries Esquire, and others, Defendants in a Writ of Error depending in this House, wherein Richard Lancake Esquire is Plaintiff, setting forth, "That the Plaintiff has not assigned Errors within the Time limited by their Lordships Standing Order;" and therefore, praying, "That the said Writ of Error may be Non-pros'd with such Costs, as to their Lordships shall seem meet:

Writ of Error Non-pros'd, with Costs.

It is Ordered, That the Petitioners do forthwith enter a Non-pros. on the said Writ of Error as desired; and that the Record be remitted to the Court of King's Bench, to the End Execution may be had upon the Judgement given by that Court, as if no such Writ of Error had been brought into this House; and further, that the Plaintiff in Error do pay, or cause to be paid, to the Defendants in Error, the Sum of Forty Pounds for their Costs, by Reason of the Delay of the Execution of the said Judgement.

E. Aberdeen, against Fullerton.

The House being moved, "That a Day may be appointed for hearing the Cause wherein George Earl of Aberdeen is Appellant, and Lieutenant General Robert Fullerton is Respondent:"

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

Causes put off.

Ordered, That the Hearing of the Cause wherein Lord Macdonald is Appellant, and Norman Mac Leod Esquire is Respondent, which stands appointed for Wednesday next, be put off to Friday next; and that the rest of the Causes be removed in Course.

Adjourn.

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