House of Lords Journal Volume 36: December 1779 11-20

December 1779 11-20

DIE Sabbati, 11^o Decembris 1779.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Land Tax Bill.

Hodie 2^a vice lecta est Billa, intituled, " An Act for granting an Aid to His Majesty by a Land Tax, to be raised in Great Britain, for the Service of the Year One thousand seven hundred and eighty."

Ordered, That the said Bill be committed to a Committee of the whole House.

Ordered, That the House be put into a Committee upon the said Bill on Monday next.

Malt Bill.

Hodie 2^a vice lecta est Billa, intituled, " An Act for continuing and granting to His Majesty certain Duties upon Malt, Mum, Cyder and Perry, for the Service of the Year One thousand seven hundred and eighty."

Ordered, That the said Bill be committed to a Committee of the whole House.

Ordered, That the House be put into a Committee upon the said Bill on Monday next.

American Habeas Compus Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for further continuing an Act made in the Seventeenth Year of the Reign of His present Majesty, intituled, An Act to empower His Majesty to secure and detain Persons charged with, or suspected of, the Crime of High Treason, committed in any of His Majesty's Colonies or Plantations in America, or on the High Seas, or the Crime of Piracy."

Ordered, That the said Bill be committed to a Committee of the whole House.

Ordered, That the House be put into a Committee upon the said Bill on Monday next.

Silk Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for continuing an Act made in the last Session of Parliament, for allowing the Importation of fine organzined Italian thrown Silk, in any Ships or Vessels, for a limited Time."

Ordered, That the said Bill be committed to a Committee of the whole House.

Ordered, That the House be put into a Committee upon the said Bill on Monday next.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, decimum tertium diem instantis Decembris, hora undecima Auroræ, Dominis sic decernentibus.

DIE Lunæ, 13^o Decembris 1779.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Scarrington, &c. Encicure Bill.

A Message was brought from the House of Commons, by the Lord Edward Bentinck, and others:

With a Bill, intituled, "An Act for dividing and enclosing the Open Fields, Meadows, Common Pastures and Waste Grounds, in the Townships of Scarrington and Aslacton, in the County of Nottingham;" to which they desire the Concurrence of this House.

Stoneshy Enclosure Bill.

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

With a Bill, intituled, " An Act for dividing and enclosing the Open and Common Fields, Common Meadows, Common Pastures, and other Commonable Lands, in Stonesby, in the County of Leicester;" to which they desire the Concurrence of this House.

Militia Qualification Bill.

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

With a Bill, intituled, " An Act to indemnify such Officers of the Militia as have not transmitted to the Clerks of the Peace, Descriptions of their Qualifications and Certificates of their having taken the Oaths as required; and for allowing further Time for the Delivery of Descriptions of Qualifications by such Officers of the Militia; and for obliging the Captain Lieutenant to deliver in a Description of his Qualification;" to which they desire the Concurrence of this House.

The said Three Bills were, severally, read the First Time.

Lords summoned.

Ordered, That the Lords be summoned to attend the Service of the House on Wednesday next.

Land Tax Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, " An Act for granting an Aid to His Majesty by a Land Tax, to be raised in Great Britain, for the Service of the Year One thousand seven hundred and eighty."

After some Time, the House was resumed:

And the Earl of Galloway reported from the Committee, "That they had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Malt Bill.

The House also (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for continuing and granting to His Majesty certain Duties upon Malt, Mum, Cyder and Perry, for the Service of the Year One thousand seven hundred and eighty."

After some Time, the House was resumed:

And the Earl of Galloway reported from the Committee, That they had gone through the Bill, and directed him to report the same to the House, without any Amendment."

American Habeas Corpus Bill.

The Order of the Day being read, for the House to be put into a Committee upon the Bill, intituled, "An Act for further continuing an Act made in the Seventeenth Year of the Reign of His present Majesty, intituled, An Act to empower His Majesty to secure and detain Persons charged with, or suspected of, the Crime of High Treason, committed in any of His Majesty's Colonies or Plantations in America, or on the High Seas, or the Crime of Piracy;"

Moved, "That the said Order be discharged."

Which being objected to;

After Debate;

The Question was put thereupon ?

It was resolved in the Negative.

Then the House was adjourned during Pleasure, and put into a Committee upon the said Bill.

After some Time, the House was resumed:

And the Earl of Galloway reported from the Committee, "That they had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Silk Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for continuing an Act made in the last Session of Parliament, for allowing the Importation of fine organzined Italian thrown Silk, in any Ships or Vessels, for a limited Time."

After some Time, the House was resumed:

And the Earl of Galloway reported from the Committee, "That they had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Eyre against Salomons:

Upon reading the Petition of Jacob Salomons, Defendant in a Writ of Error depending in this House, wherein Francis Eyre 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.

Parker against Miller:

Upon reading the Petition of John Miller Defendant in a Writ of Error depending in this House, wherein Charles Parker 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 Nonpros'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.

IAnson against Smith et al.

Upon reading the Petition of Thomas Smith and others, Defendants in a Writ of Error depending in this House, wherein William IAnson 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.

Butler against Wright:

Upon reading the Petition of Richard Wright Defendant in a Writ of Error depending in this House, wherein John Butler 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 Nonpros'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.

Sir L. Dundas against Honeyman et al.

Ordered, That the further Hearing of the Cause wherein Sir Lawrence Dundas Baronet, is Appellant, and Patrick Honeyman and others, are Respondents, which stands appointed for this Day, be put off till Tomorrow.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, decimum quartum diem instantis Decembris, hora undecima Auroræ, Dominis sic decernentibus.

DIE Martis, 14^o Decembris 1779.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Sir L. Dundas against Honeyman et al.

After hearing Counsel as well on Friday last as this Day, upon the Petition and Appeal of Sir Lawrence Dundas Baronet, complaining of an Interlocutor of the Lords of Session in Scotland, of the 3d of February 1779; and praying, "That the same might be reversed, varied or amended, or that the Appellant might have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, should seem meet;" as also upon the Answer of His Majesty's Advocate, and other Officers of State for Scotland, on Behalf of His Majesty, and of Patrick Honeyman Esquire, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Interlocutor Affirmed.

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 Interlocutor therein complained of, be, and the same is hereby Affirmed.

Land Tax Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for granting an Aid to His Majesty by a Land Tax, to be raised in Great Britain, for the Service of the Year One thousand seven hundred and eighty."

The Question was put, " Whether this Bill shall pass?"

It was resolved in the Affirmative.

Malt Bill:

Hodie 3^a vice lecta est Billa, intituled, " An Act for continuing and granting to His Majesty certain Duties upon Malt, Mum, Cyder and Perry, for the Service of the Year One thousand seven hundred and eighty."

The Question was put, " Whether this Bill shall pass?"

It was resolved in the Affirmative.

American Habeas Corpus Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for further continuing an Act made in the Seventeenth Year of the Reign of His present Majesty, intituled, An Act to empower His Majesty to secure and detain Persons charged with, or suspected of, the Crime of High Treason, committed in any of His Majesty's Colonies or Plantations in America, or on the High Seas, or the Crime of Piracy."

The Question was put, " Whether this Bill shall pass?"

It was resolved in the Affirmative.

Silk Bill.

Hodie 3^a vice lecta est Billa, intituled, " An Act for continuing an Act made in the last Session of Parliament, for allowing the Importation of fine organzined Italian thrown Silk, in any Ships or Vessels, for a limited Time."

The Question was put, " Whether this Bill shall pass?"

It was resolved in the Affirmative.

Messages to H. C. that the Lords have agreed to the Four preceding Bills.

And Messages were, severally, sent to the House of Commons, by Mr. Reeves and Mr. Pepys:

To acquaint them, That the Lords have agreed to the said Bills, without any Amendment.

Stonesby Enclosure Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Open and Common Fields, Common Meadows, Common Pastures, and other Commonable Lands, in Stonesby, in the County of Leicester."

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

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

Searrington, &c. Enclosure Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Open Fields, Meadows, Common Pastures and Waste Grounds, in the Townships of Scarrington and Aslacton, in the County of Nottingham."

Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:

Their Lordships, or any Five of them, to meet on the same Day, at the same Place; and to adjourn as they please.

Barry to enter into Recognizance on Dolphin's Appeal.

The House being moved, "That Robert Barry of Suffolk Street, in the Parish of Saint Martin in the Fields, may be permitted to enter into a Recognizance for George Dolphin Esquire, on Account of his Appeal depending in this House, he residing in Ireland:"

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

Militia Qualification Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to indemnisy such Officers of the Militia as have not transmitted to the Clerks of the Peace, Descriptions of their Qualifications, and Certificates of their having taken the Oaths as required; and for allowing further Time for the Delivery of Descriptions of Qualifications by such Officers of the Militia; and for obliging the Captain Lieutenant to deliver in a Description of his Qualification."

Ordered, That the said Bill be committed to a Committee of the whole House.

Ordered, That the House be put into a Committee upon the said Bill on Thursday next.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, decimum quintum diem instantis Decembris, hora undecima Auroræ, Dominis sic decernentibus.

DIE Mercurii, 15^o Decembris 1779.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Dun against M^cClure.

The Answer of Hugh M^cClure of Brownhill, to the Appeal of George Dun in Carnderry, was this Day brought in.

The House was adjourned during Pleasure to robe.

The House was resumed.

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, that they attend Him immediately in this House."

Who being come, with their Speaker;

He, after a Speech in relation to the Money Bills to be passed, delivered them to the Clerk, who brought them to the Table, where the Deputy Clerk of the Crown read the Titles of those, and the other Bills to be passed, severally, as follow; (videlicet)

Bills passed.

1. "An Act for granting an Aid to His Majesty, by a Land Tax to be raised in Great Britain, for the Service of the Year One thousand seven hundred and eighty."

2. "An Act for continuing and granting to His Majesty certain Duties upon Malt, Mum, Cyder and Perry, for the Service of the Year One thousand seven hundred and eighty."

To these Bills the Royal Assent was pronounced, by the Clerk Assistant, severally, in these Words; (videlicet)

"Le Roy remercie ses bons Sujects, accepte leur Benevolence, et ainsi le veult."

3. "An Act for further continuing an Act made in the Seventeenth Year of the Reign of His present Majesty, intituled, " An Act to empower His Majesty to secure and detain Persons charged with, or suspected of, the Crime of High Treason, committed in any of His Majesty's Colonies or Plantations in America, or on the High Seas, or the Crime of Piracy."

4. "An Act for continuing an Act made in the last Session of Parliament, for allowing the Importation of sine organzined Italian thrown Silk, in any Ships or Vessels, for a limited Time."

To these Bills the Royal Assent was pronounced by the Clerk Assistant, severally, in these Words; (videlicet)

"Le Roy le veult."

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

The House was adjourned during Pleasure to unrobe.

The House was resumed.

Hochliffe, &c. Road Bill.

A Message was brought from the House of Commons, by the Lord Ongley, and others:

With a Bill, intituled, "An Act for enlarging the Term and Powers granted by Two Acts, made in the First and Sixteenth Years of the Reign of His late Majesty King George the Second, for the more effectual amending the Highway between Hockliffe and Woburn, in the County of Bedford; and for repairing the Road leading through Woburn to Tickford Bridge in Newport Pagnell, in the County of Bucks;" to which they desire the Concurrence of this House.

Stonesby Enclosure Bill.

The Earl of Effingham reported from the Lords Committees, to whom the Bill, intituled, "An Act for dividing and enclosing the Open and Common Fields, Common Meadows, Common Pastures, and other Commonable Lands, in Stonesby, in the County of Leicester," was committed: " That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Scarrington, &c. Enclosure Bill.

The Earl of Effingham made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for dividing and enclosing the Open Fields, Meadows, Common Pastures and Waste Grounds, in the Townships of Scarrington and Aslacton, in the County of Nottingham," was committed.

Ld Weymouth's Answer to Spanish Rescript, &c. Address for.

Ordered, That an humble Address be presented to His Majesty, to desire His Majesty will be graciously pleased to order, that there be laid before this House, "A Copy of Lord Viscount Weymouth's Answer to the Rescript of the Marquis of Almodovar of the 16th of June last;" and also, "A Copy of the justifying Memorial of the King of Great Britain, in Answer to the Exposition of Motives of the Court of France,"

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

France, Expostion of Motives towards England, &c. ordered.

Ordered, That the proper Officer do lay before this House, "A Copy of the Exposition of the Motives and Conduct of the King of France towards England." Also, "Copies of Two Royal Schedules of the King of Spain, together with their Enclosures, and a Circular Letter, published in the Month of June last at Madrid, relative to the Disputes with Great Britain."

And also, "A Copy of a Manifesto of the Motives which have induced His Catholic Majesty to withdraw his Ambassador, and to act hostily against England, lately published at Madrid."

Extraordinaries, Motion relative to negatived.

The Order of the Day being read for the Lords to be summoned;

Moved to resolve, "That the alarming Addition annually making to the present enormous National Debt, under the Head of Extraordinaries, incurred in the different Services, requires immediate Check and Controul.—The increasing the public Expence beyond the Grants of Parliament being at all Times an Invasion of the fundamental Rights of Parliament, and the utmost Œconomy being indispensably necessary in the present reduced and deplorable State of the Landed and Mercantile Interest of Great Britain and Ireland."

Which being objected to,

After long Debate,

The Question was put thereupon?

It was resolved in the Negative.

Militia Qualification Bill.

Ordered, That the Sitting of the Committee of the whole House upon the Bill, intituled, "An Act to indemnify such Officers of the Militia as have not transmitted to the Clerks of the Peace, Descriptions of their Qualifications, and Certificates of their having taken the Oaths as required; and for allowing further Time for the Delivery of Descriptions of Qualifications by such Officers of the Militia; and for obliging the Captain Lieutenant to deliver, in a Description of his Qualification," which stands appointed for To-morrow, be put off to Friday next.

Motion to adjourn negatived.

Moved, " To adjourn to Friday next."

Which being objected to,

The Question was put thereupon?

It was resolved in the Negative.

Public Expenditure, Lords summoned relative to.

Ordered, That all the Lords be summoned to attend the House on Tuesday the 8th Day of February next, to consider of a Motion for appointing a Committee consisting of Members of both Houses, possessing neither Employment nor Pension, to examine, without Delay, into the Public Expenditure, and the Mode of accounting for the same, more particularly into the Manner of making all Contracts; and at the same Time to take into Consideration what Savings can be made consistent with Public Dignity, Justice and Gratitude, by an Abolition of old or new created Offices or Reversion of Offices, the Duties of which have either ceased, or shall, on Enquiry, prove inadequate to the Fees or other Emoluments arising therefrom, or by the Reduction of such Salaries or other Allowances and Profits as may appear to be unreasonable; that the same may be applied to lessen the present ruinous Expenditure, and to enable us to carry on the present War against the House of Bourbon, with that Decision and Vigour, which can alone result from National Zeal, Confidence and Unanimity.

Lords summoned.

Ordered, That the Lords be summoned to attend the Service of the House on Friday next.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, decimum septimum diem instantis Decembris, hora undecima Auroræ, Dominis sic decernentibus.

DIE Veneris, 17^o Decembris 1779.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

King's Answer to Address.

The Lord Chamberlain reported, "That the Lords with White Staves had (according to Order) waited on His Majesty with their Lordships Address of Wednesday last, for the Papers therein mentioned; and that His Majesty was pleased to say, "He would give Directions accordingly."

V. Stormont takes the Oaths.

This Day David Viscount Stormont took the Oaths and made and subscribed the Declaration; and also took and subscribed the Oath of Abjuration pursuant to the Statutes; his Lordship having first at the Table delivered in a Certificate of his receiving the Sacrament, to the Truth whereof Witnesses were sworn and examined.

North America, Account of Spanish Coins, purchased for Army ordered.

Ordered, That the proper Officer do lay before this House, "An Account of the Spanish and Portugal Coins purchased by Messieurs Harley and Drummond, for the Use of the Army in North America, distinguishing the Quantity and Species of such Coins, and the Persons to whom, and the Time when they were delivered in Europe; and the Persons to whom they were directed in America."

Causes put off.

Ordered, That the Hearing of the Cause wherein Robert Hogg of Ramoir, is Appellant, and Mary Hogg is Respondent, which stands appointed for this Day, be put off to the First Cause Day after the Recess at Christmas; and that the rest of the Causes be removed in Course.

Militia Qualification Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to indemnify such Officers of the Militia as have not transmitted to the Clerks of the Peace, Descriptions of their Qualifications, and Certificates of their having taken the Oaths as required; and for allowing further Time for the Delivery of Descriptions of Qualifications by such Officers of the Militia; and for obliging the Captain Lieutenant to deliver in a Description of his Qualification."

After some Time, the House was resumed:

And the Earl of Effingham reported from the Committee, "That they had gone through the Bill, and made some Amendments thereto, which he was ready to report, when the House will please to receive the same."

Ordered, That the said Report be received on Tuesday next.

Hockliffe &c. Road Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers granted by Two Acts, made in the First and Sixteenth Years of the Reign of His late Majesty King George the Second, for the more effectual amending the Highway between Hockliffe and Woburn, in the County of Bedford; and for repairing the Road leading through Woburn to Tickford Bridge, in Newport Pagnell, in the County of Bucks."

Order for Lords to be summoned read.

The Order of the Day being read for the Lords to be summoned:

Moved, "To adjourn to Tuesday next."

Accordingly,

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, vicesimum primum diem instantis Decembris, hora undecima Auroræ, Dominis sic decernentibus.