House of Lords Journal Volume 36: November 1781

November 1781

Anno 21^o Georgii Tertii.

DIE Martis, 27^o Novembris 1781.

DIE Martis, 27^o Novembris 1781, Annoque Regni Serenissimi Domini Nostri Georgii Tertii, Dei Gratia Magnæ Britanniæ, Franciæ, et Hiberniæ, Regis, Fidei Defensoris, &c. Vicesimo Secundo; in quem Diem hæc Secunda Sessio Parliamenti per separalia Adjournamenta & Prorogationes continuata fuerat; in Superiori Domo Parliamenti Magnæ Britanniæ apud Westmonaster. convenere Domini tam Spirituales quam Temporales quorum Nomina subscribuntur, et præsentes fuerunt:

REX.

The 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,

My Lords and Gentlemen,

His Majesty's Speech.

When I last met you in Parliament, I acquainted you with the arduous Situation of Public Affairs at that Time; and I represented to you the Objects which I had in View, and the Resolution with which I was determined to persevere in the Defence of my Dominions against the combined Power of My Enemies, until such a Pacification could be made as might consist with the Honour of My Crown, and the permanent Interest and Security of My People. The War is still unhappily prolonged by that restless Ambition which first excited our Enemies to commence it, and which still continues to disappoint My earnest Desire and diligent Exertion to restore the public Tranquillity: But I should not answer the Trust committed to the Sovereign of a free People, nor make a suitable Return to my Subjects for their constant, zealous and affectionate Attachment to My Person, Family and Government, if I consented to sacrifice, either to My own Desire of Peace, or to their Temporary Ease and Relief, those essential Rights and permanent Interests, upon the Maintenance and Preservation of which the future Strength and Security of this Country must ever principally depend.

The favourable Appearance of Our Affairs in the East Indies, and the safe and prosperous Arrival of the numerous Commercial Fleets of My Kingdoms, must have given you Satisfaction; but in the Course of this Year, My assiduous Endeavours to guard the extensive Dominions of My Crown, have not been attended with Success equal to the Justice and Uprightness of My Views; and it is with great Concern that I inform you, that the Events of War have been very unfortunate to My Arms in Virginia, having ended in the Loss of My Forces in that Province.

No Endeavours have been wanting on My Part to extinguish that Spirit of Rebellion which Our Enemies have found Means to foment and maintain in the Colonies, and to restore to My deluded Subjects in America that happy and prosperous Condition which they formerly derived from a due Obedience to the Laws; but the late Misfortune in that Quarter calls loudly for your firm Concurrence and Assistance to frustrate the Designs of Our Enemies, equally prejudicial to the real Interests of America and to those of Great Britain.

In the last Session, you made a considerable Progress in your Enquiries into the State and Condition of Our Dominions and Revenues in the East Indies: You will, I am persuaded, resume the Prosecution of that important Deliberation with the same Spirit and Temper in which it was begun, and proceed with the same Attention and Anxiety to consider how these remote Provinces may be held and governed with the greatest Security and Advantage to this Country, and by what Means the Happiness of the Native Inhabitants may be best promoted.

Gentlemen of the House of Commons,

I will order the Estimates for the ensuing Year to be laid before you. I rely on your Wisdom and Public Spirit for such Supplies as the Circumstances of Our Affairs shall be found to require. Among the many ill Consequences which attend the Continuation of the present War, I most sincerely regret the additional Burthens which it must unavoidably bring upon My faithful Subjects.

My Lords and Gentlemen,

In the Prosecution of this great and important Contest in which we are engaged, I retain a firm Confidence in the Protection of Divine Providence, and a perfect Conviction of the Justice of My Cause; and I have no Doubt but that by the Concurrence and Support of My Parliament, by the Valour of My Fleets and Armies, and by a vigorous, animated and united Exertion of the Faculties and Resources of My People, I shall be enabled to restore the Blessing of a safe and Honourable Peace to all My Dominious."

Then His Majesty was pleased to retire;

And the Commons withdrew.

The House was adjourned during Pleasure to unrobe.

The House was resumed.

PRAYERS.

Peers take their Seats.

This Day William Henry Earl of Rochford fat first in Parliament after the Death of his Uncle William Henry Earl of Rochford:

Also, John Lord Chedworth fat first in Parliament after the Death of his Uncle Henry Frederick Lord Chedworth:

And also, Aubrey Lord Vere fat first in Parliament after the Death of his Father Vere Lord Vere:

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.

Pedigrees delivered.

Garter King at Arms delivered in at the Table their Lordships Pedigrees, pursuant to the Standing Order.

Lords take Oaths.

The Lords following took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statues:

Charles Earl of Tankerville;

James Lord Bishop of Ely;

James Lord Bishop of Litchfield and Coventry;

Samuel Lord Bishop of Gloucester;

Edmund Lord Boyle.

Bill pro forma 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 Address thereon.

Moved, "That an humble Address be presented to His Majesty, to return His Majesty the Thanks of this House for His most gracious Speech from the Throne.

To express the Concern and Indignation with which we see the War prolonged by that restless Ambition which first excited His Majesty's Enemies to commence it, and which still continues to disappoint His Majesty's earnest Desire and diligent Exertion to restore the public Tranquillity.

To acknowledge with the sincerest and warmest Gratitude His Majesty's Wisdom and constant Attention to the real Welfare of His People, equally conspicuous in His earnest Desire of Peace, and in his fixed and unalterable Resolution never to sacrifice either to that Desire, or to the temporary Ease and Relief of His Subjects, those essential Rights and permanent Interests, upon the Maintenance and Preservation of which, the future Strength and Security of this Country must ever principally depend.

To declare the Satisfaction we feel in the favourable Appearance of our Affairs in the East Indies, and in the safe and prosperous Arrival of the numerous Commercial Fleets of these Kingdoms.

To express our Regret that in the Course of this Year His Majesty's assiduous Endeavours to guard the extensive Dominions of His Crown have not been attended with Success equal to the Justice and Uprightness of His Majesty's Views, and to lament that the Events of War have been so unfortunate to His Majesty's Arms in Virginia.

To testify our grateful Sense of the parental Solicitude His Majesty has shewn for the general Happiness of His People in the Endeavour His Majesty has used to extinguish that Spirit of Rebellion which our Enemies have found Means to foment and maintain in the Colonies, and to restore to His deluded Subjects in America that happy and prosperous Condition which they formerly derived from a due Obedience to the Laws; and to assure His Majesty of our firm Concurrence and Assistance to frustrate the Designs of our Enemies, equally prejudicial to the real Interests of America and to those of Great Britain.

To declare that we will, without Loss of Time, resume the Deliberation upon the State and Condition of the British Possessions and Revenues in the East Indies; will carry it on with the same Spirit and Temper in which it was begun, and proceed with the same Attention and Anxiety to consider how those remote Provinces may be held and governed with the greatest Security and Advantage to this Country, and by what Means the Happiness of the native Inhabitants may be best promoted.

That firmly resolved to decline no Difficulty or Hazard in the Defence of our Country, and for the Preservation of its essential Rights and Interests, we shall continue to give our most hearty Concurrence and Support in the Prosecution of the great and important Contest in which we are engaged.

That we rely upon the Protection of Divine Providence in so just a Cause; and fully trust that by the Concurrence and Support which we shall most chearfully give, by the Valour of His Majesty's Fleets and Armies, and by the vigorous, animated, and united Exertions of the Faculties and Resources of His People, His Majesty will be enabled to disappoint the ambitious Designs of His Enemies, and to restore the Blessing of a safe and honourable Peace to all His Dominions."

Amendment negatived.

Then an Amendment was proposed to be made to the said Motion, by inserting after the Word ("Throne") at the End of the First Paragraph the following Words:

("And we will, without Delay, apply ourselves with united Hearts to prepare and digest such Councils to be laid at His Royal Feet, as may excite the Efforts, point the Arms, and command the Confidence of all His Subjects.")

Which being objected to;

After long Debate,

The Question was put, "Whether these Words shall be inserted in the said Motion ?"

It was resolved in the Negative.

Then it was moved "To agree to the said Motion as at first proposed."

The Question was put thereupon ?

It was resolved in the Affirmative.

DISSENTIENT.

Protest thereupon.

For Reasons too often urged in vain for these last Seven Years against the ruinous Prosecution of the unjust War, carrying on by His Majesty's Ministers against the People of North America, and too fatally confirmed by repeated Experience, and the late disgraceful Loss of a Second Army, to stand in Need of Repetition.

Richmond.
Fitzwilliam.
Rockingham.
Abingdon.
Abergavenny.
King.
Pembroke.
De Ferrars.

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

And the Lord Southampton 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.

It is with equal Concern and Indignation that we see the War prolonged by that restless Ambition which first excited Your Majesty's Enemies to commence it, and which still continues to disappoint Your Majesty's earnest Desire and diligent Exertion to restore the Public Tranquillity."

We acknowledge with the sincerest and warmest Gratitude, Your Majesty's Wisdom and constant Attention to the real Welfare of Your People, equally conspicuous in Your earnest Desire of Peace, and in Your fixed and unalterable Resolution never to sacrifice either to that Desire or to the temporary Ease and Relief of Your Subjects, those essential Rights and permanent Interests, upon the Maintenance and Preservation of which the future Strength and Security of this Country must ever principally depend.

We feel great Satisfaction in the favourable Appearance of our Affairs in the East Indies, and in the safe and prosperous Arrival of the numerous Commercial Fleets of these Kingdoms; but we regret that in the Course of this Year, Your Majesty's assiduous Endeavours to guard the extensive Dominions of Your Crown, have not been attended with Success equal to the Justice and Uprightness of Your Majesty's Views; and we lament that the Events of War have been so unfortunate to Your Majesty's Arms in Virginia.

We are gratefully sensible of the parental Solicitude Your Majesty has shewn for the general Happiness of Your People, in the Endeavours Your Majesty has used to extinguish that Spirit of Rebellion which our Enemies have found Means to soment and maintain in the Colonies, and to restore to Your deluded Subjects in America that happy and prosperous Condition which they formerly derived from a due Obedience to the Laws; and we beg Leave to assure Your Majesty of our firm Concurrence and Assistance to frustrate the Designs of our Enemies, equally prejudicial to the real Interests of America and to those of Great Britain.

We will, without Loss of Time, resume the Deliberation upon the State and Condition of the British Possessions and Revenues in the East Indies, will carry it on with the same Spirit and Temper in which it was begun, and proceed with the same Attention and Anxiety to consider how those remote Provinces may be held and governed with the greatest Security and Advantage to this Country, and by what Means the Happiness of the native Inhabitants may be best promoted.

Firmly resolved to decline no Difficulty or Hazard in the Defence of our Country, and for the Preservation of its essential Rights and Interests, we shall continue to give our most hearty Concurrence and Support in the Prosecution of the great and important Contest in which we are engaged.

We rely upon the Protection of Divine Providence in so just a Cause, and fully trust by the Concurrence and Support which we shall most chearfully give, by the Valour of Your Majesty's Fleets and Armies, and by the vigorous, animated, and united Exertions of the Faculties and Resources of Your People, Your Majesty will be enabled to disappoint the ambitious Designs of Your Enemies, and to restore the Blessing of a safe and honourable Peace to all Your Dominions."

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 for 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 Mercurii vicesimum octavum diem instantis Novembris, horâ undecimâ Auroræ, Dominis sic decernentibus.

DIE Mercurii, 28^o Novembris 1781.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

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 Half-past Two o'Clock at His Palace of St. James's."

Flemings against Fleming:

Upon reading the Petition and Appeal of Williclmina and Catharine Fleming, Daughters of the deceased William Fleming Esquire, of Barochan, complaining of Two Interlocutors of the Lords of Session in Scotland, of the 27th of June and 14th of July 1781; 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 Malcolm Fleming of Barochan, may be required to answer the said Appeal:"

It is Ordered, That the said Malcolm Fleming may have a Copy of the said Appeal, and do put in his Answer thereunto in Writing, on or before Wednesday the 26th Day of December next; 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.

Chalmer to enter into Recognizance on said Appeal.

The House being moved, "That James Chalmer of Leicester Fields Gentleman, may be permitted to enter into a Recognizance for Willielmina and Catharine Fleming, on Account of their Appeal depending in this House, they living in Scotland:"

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

Thomson against Buchanan et al.

The House being informed, "That George Buchanan and others, Respondents to the Appeal of John Thomson Junior, Merchant, in Leith, had not put in their Answer to the said Appeal, though duly served with the Order of this House for that Purpose:"

And thereupon an Affidavit of Robert Jamieson, Writer to the Signet, of the due Service of the said Order being read:

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

Johnson against Hubbard:

Upon reading the Petition of John Johnson, Plaintiff in a Writ of Error depending in this House, wherein William Hubbard is Defendant:

Brown against Wellings;

Also, Upon reading the Petition of Alexander Brown, Plaintiff in a Writ of Error depending in this House, wherein Thomas Wellings Esquire, is Defendant.

Fordyee against Wellings:

And also, Upon reading the Petition of Alexander Fordyce Esquire, Plaintiff in a Writ of Error depending in this House, wherein Thomas Wellings Esquire is Defendant; setting forth, "That the Plaintiffs have been advised to withdraw their Assignments of Errors, and not to prosecute their said Writs of Error any further;" and therefore praying their Lordships, "That they may be at Liberty to withdraw their said Assignments of Errors; and that the said Writs of Error may be Non-pros'd with such Costs as to their Lordships shall seem meet; the Agents for the said Defendants having signed the said Petitions as consenting thereto:"

Writs of Error Non-pros'd with Costs.

It is Ordered, That the Petitioners do withdraw their Assignments of Errors; and that the Defendants in Error do forthwith enter a Non-pros on the said Writs of Error as desired; and that the Records be remitted to the Court of King's Bench, to the End Execution may be had upon the Judgements given by that Court, as if no such Writs of Error had been brought into this House; and further, That the Plaintiffs 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 Judgements.

Public Accounts, Fifth Report of Commissioners, delivered.

The House being informed, "That Mr. Beachcroft, and Mr. Drummond, Two of the Commissioners appointed to examine, take, and state the Public Accounts of the Kingdom, attended:"

They were called in, and delivered at the Bar,

"The Fifth Report of the Commissioners appointed to examine, take, and state the Public Accounts of the Kingdom."

And then they withdrew.

And the Title thereof being read by the Clerk:

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

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, quintum diem Decembris, jam prox. sequen. horâ undecimâ Auroræ, Dominis sic decernentibus.