House of Lords Journal Volume 37: August 1785 1-10

August 1785 1-10

DIE Lunæ, 1^o Augusti 1785.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Hawkers' and Pedlars' Duty Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for granting to His Majesty additional Duties on Hawkers, Pedlars, and Petty Chapmen, and for regulating their Trade."

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

It was resolved in the Affirmative.

Polls and Scrutinies Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to limit the Duration of Polls and Scrutinies, and for making other Regulations touching the Election of Members to serve in Parliament, for Places within England and Wales, and for Berwick upon Tweed; and also for removing Difficulties which may arise for Want of Returns being made of Members to serve in Parliament."

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 Two preceding Bills.

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

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

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, secundum diem instantis Augustii, horâ undecimâ Auroræ, Dominis sic decernentibus.

DIE Martis, 2^o Augusti 1785.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Fraser against Hall:

Upon reading the Petition and Appeal of Alexander Fraser of Stricken Esquire, Mr. Simon Fraser of Faroline Advocate, Major James Fraser of Belladrum, Lieutenant Colonel Simon Fraser of the late 71st Regiment of Foot, and James Fraser of Edinburgh, one of the Clerks to the Signet, Trustees of the Estates of the late Lieutenant General Simon Fraser of Lovat, complaining of Three Interlocutors of the Lords of Session in Scotland of the 25th of February, the 28th of June, and 23d of July 1785; and praying, "That the same may be reversed, varied, or amended, 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 William Hall of Whitehall Esquire may be required to answer the said Appeal:"

It is Ordered, That the said William Hall may have a Copy of the said Appeal, and do put in his Answer thereunto in Writing on or before Tuesday the 30th Day of this instant August; and Service of this Order upon any of the Counsel or Agents of the said Respondent in the Court of Session in Scotland, shall be deemed good Service.

Fraser to enter into Recognizance on said Appeal.

The House being moved, "That Alexander Fraser of Leicester Fields Gentleman, may be permitted to enter into a Recognizance for Alexander Fraser Esquire and others, on account of their Appeal depending in this House, they residing in Scotland:"

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

Ld. Rodney against Boldero in Error.

The Earl of Mansfield, Lord Chief Justice of the Court of King's Bench, in the usual Manner, delivered in at the Table a Writ of Error, wherein George Brydges Lord Rodney is Plaintiff,
and
Henry Boldero and others are Defendants.

Bills passed by Commission.

The Lord Chancellor acquainted the House, "That His Majesty had been pleased to issue a Commission to several Lords therein named, for declaring His Royal Assent to several Acts agreed upon by both Houses of Parliament."

The House was adjourned during Pleasure.

The House was resumed.

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 Privy Seal on his Right Hand, and the Lord Sydney on his Left, commanded the Gentleman Usher of the Black Rod to signify to the Commons, "The Lords Commissioners desire their immediate Attendance in this House to hear the Commission read."

Who being come, with their Speaker;

The Lord Chancellor said,

My Lords, and Gentlemen of the House of Commons,

His Majesty not thinking sit to be personally present here at this Time, has been pleased to cause a Commission to be issued under the Great Seal, and thereby given His Royal Assent to divers Acts, which have been agreed upon by both Houses of Parliament, the Titles whereof are particularly mentioned; and by the said Commission hath commanded us to declare and notify His Royal Assent to the said several Acts, in the Presence of you the Lords and Commons assembled for that Purpose; which Commission you will now hear read."

Then the said Commission was read by the Clerk, as follows; (videlicet)

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 right trusty and right well-beloved the Lords Spiritual and Temporal, and to Our trusty and well-beloved the Knights, Citizens, and Burgesses, and the Commissioners for Shires and Burghs of the House of Commons, in this present Parliament assembled, Greeting: Whereas We have seen and perfectly understood divers and sundry Acts agreed and accorded on by you Our loving Subjects the Lords Spiritual and Temporal and the Commons, in this Our present Parliament assembled, and endorsed by you, as hath been accustomed, the Titles and Names of which Acts hereafter do particularly ensue; (that is to say) "An Act for repealing the Duty imposed on Tea by an Act passed in the last Session of Parliament, and for granting other Duties in Lieu thereof; for repealing so much of several Acts as relates to the Removal of Tea; for directing the Officers of Excise to examine and certify the Exportation of Exciseable Commodities; and for better securing the Duties on Candles." "An Act for repealing an Act made in the Twenty-third Year of the Reign of His present Majesty, intituled, "An Act for granting to His Majesty a Stamp Duty on Licences to be taken out by certain Persons uttering or vending Medicines, and certain Stamp Duties on all Medicines sold under such Licences or under the Authority of His Majesty's Letters Patent," and for granting other Duties in Lieu thereof." "An Act for granting to His Majesty additional Duties on Hawkers, Pedlars, and Petty Chapmen, and for regulating their Trade." "An Act to extend the Provisions of an Act made in the Twenty-third Year of His present Majesty's Reign, for granting to His Majesty a Stamp Duty on the Registry of Burials, Marriages, Births and Christenings to the Registry of Burials, Births and Christenings of Protestant Dissenters from the Church of England." An Act for granting to His Majesty certain Duties on Certificates to be taken out by Solicitors, Attornies and others practising in certain Courts of Justice in Great Britain, and certain other Duties with respect to Warrants, Mandates, and Authorities, to be entered or filed of Record as therein mentioned." An Act for the better securing the Duties payable on Tobacco." "An Act to rectify a Mistake in an Act passed in this present Session of Parliament, intituled, An Act to repeal the Duties on Male Servants, and for granting new Duties on Male and Female Servants." "An Act to declare that Brewers selling Beer or Ale in less Quantities than a Cask containing Four Gallons and a Half, shall not be entitled to any Allowance out of the Duties of Excise for Waste or Leakage, and for making Allowances to Distillers of Low Wines and Spirits from Malt, Corn or Grain, in respect to the Duties imposed by an Act of the last Session of Parliament." "An Act for extending the Time limited by an Act of this Session, for delivering in Navy, Victualling, and Transport Bills." An Act for appointing Commissioners further to enquire into the Losses and Services of all such Persons who have suffered in their Rights, Properties and Professions, during the late unhappy Dissentions in America, in consequence of their Loyalty to His Majesty, and Attachment to the British Government." An Act to limit the Duration of Polls and Scrutinies, and for making other Regulations touching the Election of Members to serve in Parliament for Places within England and Wales and for Berwick upon Tweed, and also for removing Difficulties which may arise for Want of Returns being made of Members to serve in Parliament." And albeit the said Acts by you Our said Subjects the Lords and Commons, in this Our present Parliament assembled, are fully agreed and consented unto, yet nevertheless the same are not of Force and Effect in the Law without Our Royal Assent given and put to the said Acts; and forasmuch as for divers Causes and Considerations We cannot conveniently at this Time be present in Our Royal Person in the Higher House of Our said Parliament, being the Place accustomed to give Our Royal Assent to such Acts as have been agreed upon by you Our said Subjects the Lords and Commons, We have therefore caused these Our Letters Patent to be made, and have signed the same; and by the same do give and put Our Royal Assent to the said Acts, and to all Articles, Clauses, and Provisions therein contained, and have fully agreed and assented to the said Acts; Willing, that the said Acts and every Article, Clause, Sentence and Provision therein contained, from henceforth shall be of the same Strength, Force, and Effect, as if We had been personally present in the said Higher House, and had openly and publickly, in the Presence of you all, assented to the same: And We do by these Presents declare and notify the same Our Royal Assent as well to you the Lords Spiritual and Temporal and Commons aforesaid, as to all others whom it may concern: Commanding also, by these Presents, Our right trusty and well-beloved Counsellor Edward Lord Thurlow, Our Chancellor of Great Britain, to seal these Our Letters Patent with Our Great Seal of Great Britain; And also, commanding Our most dear Son and our faithful Counsellor George Prince of Wales; the most Reverend Father in God Our right trusty and well-beloved Counsellor John Archbishop of Canterbury, Primate and Metropolitan of all England; Our said Chancellor of Great Britain; Our right trusty and well-beloved Counsellor Charles Lord Camden, President of Our Council; Our right trusty and right well-beloved Cousin and Counsellor Granville Earl Gower, Keeper of Our Privy Seal; Our right trusty and right entirely beloved Cousins and Counsellors James Duke of Chandos, Steward of Our Household; Charles Duke of Richmond; George Duke of Montagu, Master of Our Horse; Our right trusty and right well-beloved Cousins and Counsellors James Earl of Salisbury, Chamberlain of Our Household; William Earl of Mansfield, Our Chief Justice assigned to hold Pleas before Us; Our right trusty and well-beloved Cousins and Counsellors Thomas Viscount Weymouth, Groom of our Stole; Richard Viscount Howe, First Commissioner of Our Admiralty; and Our right trusty and well-beloved Counsellors Francis Lord Osborne, One of Our principal Secretaries of State, and Thomas Lord Sydney, One other of Our Principal Secretaries of State, or any Three or more of them, to declare and notify this Our Royal Assent in Our Absence in the said Higher House, in the Presence of you, the said Lords and the Commons of Our Parliament, there to be assembled for that Purpose, and the Clerk of Our Parliaments to endorse the said Acts, with such Terms and Words, in Our Name, as is requisite, and hath been accustomed for the same; and also to enroll these Our Letters Patent, and the said Acts in the Parliament Roll, and these Our Letters Patent shall be to every of them a sufficient Warrant in that Behalf: And finally, We do declare and will, that after this Our Royal Assent given and passed by these Presents, and declared and notified as is aforesaid, then and immediately the said Acts shall be taken, accepted, and admitted good, sufficient, and perfect Acts of Parliament and Laws to all Intents, Constructions, and Purposes, and to be put in due Execution accordingly; the Continuance or Dissolution of this Our Parliament, or any other Use, Custom, Thing, or Things to the contrary thereof notwithstanding: In Witness whereof, We have caused these Our Letters to be made Patent.

Witness Ourself at Westminster, the Second Day of August, in the Twenty-fifth Year of Our Reign.

By the King Himself, Signed with his own Hand.

"Yorke."

Then the Lord Chancellor said,

"In Obedience to His Majesty's Commands, and by Virtue of the Commission which has been now read, We do declare and notify to you, the Lords Spiritual and Temporal and Commons, in Parliament assembled, That His Majesty hath given His Royal Assent to the several Acts in the Commission mentioned; and the Clerks are required to pass the same in the usual Form and Words."

Then the Clerk Assistant, having received the Money Bills from the Hands of the Speaker, 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)

1. "An Act for repealing the Duty imposed on Tea by an Act passed in the last Session of Parliament, and for granting other Duties in Lieu thereof; for repealing so much of several Acts as relates to the Removal of Tea; for directing the Officers of Excise to examine and certify the Exportation of Exciseable Commodities; and for better securing the Duties on Candles."

2."An Act for repealing an Act made in the Twenty-third Year of the Reign of His present Majesty, intituled, "An Act for granting to His Majesty a Stamp Duty on Licences to be taken out by certain Persons uttering or vending Medicines, and certain Stamp Duties on all Medicines sold under such Licences, or under the Authority of His Majesty's Letters Patent," and for granting other Duties in Lieu thereof."

3."An Act for granting to His Majesty additional Duties on Hawkers, Pedlars, and Petty Chapmen, and for regulating their Trade."

4."An Act to extend the Provisions of an Act made in the Twenty-third Year of His present Majesty's Reign, for granting to His Majesty a Stamp Duty on the Registry of Burials, Marriages, Births and Christenings, to the Registry of Burials, Births and Christenings of Protestant Dissenters from the Church of England."

5."An Act for granting to His Majesty certain Duties on Certificates to be taken out by Solicitors, Attornies, and others practising in certain Courts of Justice in Great Britain, and certain other Duties with Respect to Warrants, Mandates, and Authorities to be entered or filed of Record as therein mentioned."

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

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

6."An Act for the better securing the Duties payable on Tobacco."

7. "An Act to rectify a Mistake in an Act passed in this present Session of Parliament, intituled, An Act to repeal the Duties on Male Servants, and for granting new Duties on Male and Female Servants."

8."An Act to declare that Brewers selling Beer or Ale in less Quantities than a Cask containing Four Gallons and a Half, shall not be entitled to any Allowance out of the Duties of Excise for Waste or Leakage; and for making Allowances to Distillers of low Wines and Spirits from Malt, Corn, or Grain in Respect to the Duties imposed by an Act of the last Session of Parliament."

9."An Act for extending the Time limited by an Act of this Session for delivering in Navy, Victualling, and Transport Bills."

10. "An Act for appointing Commissioners further to enquire into the Losses and Services of all such Persons who have suffered in their Rights, Properties and Prosessions, during the late unhappy Dissentions in America, in consequence of their Loyalty to His Majesty, and Attachment to the British Government."

11."An Act to limit the Duration of Polls and Scrutinies, and for making other Regulations touching the Election of Members to serve in Parliament for Places within England and Wales, and for Berwick upon Tweed, and also for removing Difficulties which may arise for Want of Returns being made of Members to serve in Parliament."

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

"Le Roy le veult."

Then the Commons withdrew.

The House was adjourned during Pleasure.

The House was resumed.

Election Voters Bill.

Ordered, That the Order made on Wednesday last, for the House to be put into a Committee upon the Bill, intituled, "An Act for the better securing the Rights of Voters at County Elections;" on Thursday the 27th Day of October next, be discharged.

Bankrupts' Creditors Bill.

Ordered, That the Order made on Thursday last, for the Bill, intituled, "An Act for the Relief of the Creditors of Bankrupts, and for regulating the Time of issuing Commissions of Bankrupt;" to be read a second Time on Friday the 28th of October next, be discharged.

His Majesty's Pleasure signified, that both Houses should adjourn.

The Lord Sydney acquainted the House, "That His Majesty had commanded him to signify to their Lordships, that it is His Majesty's Pleasure that both Houses of Parliament should forthwith adjourn themselves to Thursday the 27th Day of October next."

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, vicesimum septimum diem Octobris jam prox. sequen. horâ undecimâ Auroræ, Dominis sic decernentibus.