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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Anno 4o Georgii Tertii.
DIE Martis, 15o Novembris, 1763.
DIE Martis, 15o Novembris, 1763, Annoque Regni Serenissimi Domini Nostri Georgii Tertii, Dei Gratia, Magnæ Britanniæ, Franciæ, & Hib'niæ Regis, Fidei Defensoris, &c. Quarto, in quem Diem hæc Tertia 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, & præsentes fuerunt:
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."
His Majesty's Speech.
"The Re-establishment of the Publick Tranquillity, upon Terms of Honour and Advantage to My Kingdoms, was the First great Object of My Reign. That salutary Measure has received the Approbation of My Parliament, and has since been happily com pleated and carried into Execution by the Definitive Treaty. It has been, and shall be, My Endeavour to ensure the Continuance of the Peace, by a faithful and steady Adherence to the Conditions upon which it was concluded. And I have the Satisfaction to acquaint you, that the several Powers of Europe, who were engaged against us in the late War, have given Me the strongest Assurances of the same good Disposition. Our principal Care ought now to be employed, to improve the valuable Acquisitions which we have made, and to cultivate the Arts of Peace in such a Manner as may most effectually contribute to extend the Commerce, and to augment the Happiness, of My Kingdoms.
"For these great Purposes, I have called you together. It will ever be My earnest Wish and Endeavour, to demonstrate to My People, by My Actions, the Love which I bear them; and I doubt not of receiving from them the grateful and just Returns of Duty and Affection.
"I will order the proper Estimates for the Service of the Year to be laid before you. The heavy Debts contracted in the Course of the late War, for many of which no Provision is yet made, call for your utmost Attention, and the strictest Frugality. I must, however, earnestly recommend to you the Support of My Fleet, to which our past Successes have been so much owing, and upon which the future Welfare and Importance of Great Britain do most essentially depend. To ease My People of some Part of these Burdens, I have directed, as I promised at the End of the last Session of Parliament, that the Money arising from the Sale of the Prizes vested in the Crown should be applied to the Publick Service. It is My Intention, to reserve for the same Use whatever Sums shall be produced by the Sale of any of the Lands belonging to Me in the Islands of The West Indies, which were ceded to Us by the late Treaty.
"The Improvement of the Publick Revenue, by such Regulations as shall be judged most expedient for that Purpose, deserves your serious Consideration: This will be the surest Means of reducing the National Debt, and of relieving My Subjects from those Burdens which the Expenses of the late War have brought upon them; and will, at the same Time, establish the publick Credit upon the most solid Foundation.
"As the Interests and Prosperity of My People are the sole Objects of My Care; I have only to desire, that you will pursue such Measures as are conducive to those Ends with Dispatch and Unanimity. Domestick Union will be essentially necessary, to remedy those Evils which are the Consequence of War; to enable us to reap the most permanent Advantages from the Conclusion of the Peace; and to discourage that licentious Spirit, which is repugnant to the true Principles of Liberty, and of this happy Constitution. In this Opinion I trust that My Subjects will be confirmed by your Example; and that they will be taught, by your Proceedings, to unite their utmost Endeavours to support such Measures as may equally tend to the Honour and Dignity of My Crown, and to their own Security and Happiness."
V. Dudley and Ward introduced:
John Lord Ward being, by Letters Patent, bearing Date the 21st Day of April in the Third Year of His present Majesty, created Viscount Dudley and Ward of Dudley in the County of Worcester, was this Day (in his Robes) introduced, between the Lord Viscount Weymouth and the Lord Viscount Wentworth (also in their Robes); the Gentleman Usher of the Black Rod, Garter King at Arms, the Deputy Earl Marshal, and the Lord Great Chamberlain, preceding.
His Writ of Summons.
"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 Well-beloved Cousin John Viscount Dudley and Ward, Greeting. Whereas, by reason of certain arduous and urgent Affairs, concerning Us, the State and Defence of Our Kingdom of Great Britain and the Church, We did lately, with the Advice and Consent of Our Council, ordain Our present Parliament to be holden, at Our City of Westminster, on the Nineteenth Day of May in the First Year of Our Reign; which Parliament hath been from that Time, by several Adjournments and Prorogations, adjourned, prorogued, and continued, to and until the Fifteenth Day of this Instant November, at Our City aforesaid, to be then there held: We, strictly enjoining, command you, under the Faith and Allegiance by which you are bound to Us, that, considering the Difficulty of the said Affairs, and Dangers impending, all Excuses being laid aside, you be personally present, at the said Day and Place, with Us, and with the Prelates, Nobles, and Peers of Our said Kingdom, to treat of the aforesaid Affairs, and to give your Advice. And this you may in no wise omit, as you tender Us and Our Honour, and the Safety and Defence of the said Kingdom and Church, and the Dispatch of the said Affairs.
Then his Lordship took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes; and was afterwards placed on the lower End of the Earls Bench.
Ld. Ligonier introduced:
John Viscount Ligonier in the Kingdom of Ireland being, by Letters Patent, bearing Date the 27th Day of April in the Third Year of His present Majesty, created Lord Ligonier Baron of Ripley in the County of Surry, was this Day (in his Robes) introduced, between the Lord Bathurst and the Lord Boston (also in their Robes); the Gentleman Usher of the Black Rod, Garter King at Arms, the Deputy Earl Marshal, and the Lord Great Chamberlain, preceding.
His Writ of Summons:
"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 Well-beloved Counsellor John Ligonier of Ripley Chevalier, Greeting. Whereas, by reason of certain arduous and urgent Affairs, concerning Us, the State and Defence of Our Kingdom of Great Britain and the Church, We did lately, with the Advice and Consent of Our Council, ordain Our present Parliament to be holden, at Our City of Westminster, on the Nineteenth Day of May in the First Year of Our Reign; which Parliament hath been from that Time, by several Adjournments and Prorogations, adjourned, prorogued, and continued, to and until the Fifteenth Day of this Instant November, at Our City aforesaid, to be then there held: We, strictly enjoining, command you, under the Faith and Allegiance by which you are bound to Us, that, considering the Difficulty of the said Affairs, and Dangers impending, all Excuses being laid aside, you be personally present at the said Day and Place, with Us, and with the Prelates, Nobles, and Peers, of Our said Kingdom, to treat of the aforesaid Affairs, and to give your Advice. And this you may in no wise omit, as you tender Us and Our Honour, and the Safety and Defence of the said Kingdom and Church, and the Dispatch of the said Affairs.
Then his Lordship took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes; and was afterwards placed on the lower End of the Barons Bench.
E. of Northampton;
and the E. of Portsmouth, take their Seats.
Select Vestries regulating, Bill.
Complaint of a Breach of the Bp. of Gloucester's Privilege; and of a scandalous Libel:
Complaint was made to the House, of a printed Paper, intituled, "An Essay on Woman," with Notes, to which the Name of the Right Reverend Doctor Warburton Lord Bishop of Gloucester, a Member of this House, is affixed, in Breach of the Privilege of this House; and of another printed Paper, intituled, "The Veni Creator paraphrased."
The Libel censured:
It is Resolved, by the Lords Spiritual and Temporal in Parliament assembled, That a printed Paper, intituled, "An Essay on Woman," with the Notes; and another printed Paper, intituled, "The Veni Creator paraphrased," highly reflecting upon a Member of this House, is a manifest Breach of the Privilege thereof; and is a most scandalous, obscene, and impious Libel; a gross Profanation of many Parts of the Holy Scriptures; and a most wicked and blasphemous Attempt to ridicule and vilify the Person of our Blessed Saviour.
Witnesses concerning it ordered to attend, and are examined.
Ordered, That Lovel Stanhope Esquire, James Watson, William Johnston, Thomas Davis, Jonathan Scott, Thomas Cadell, Andrew Millar, Michael Curry, and Samuel Jennings, do attend this House forthwith, in order to be examined as Witnesses, in relation to the Matter of the said Complaint.
A. "They are Three Letters, which were taken from Mr. Kearsley, a Printer in Ludgate Street, by Mr. Watson a Messenger, by virtue of a Warrant. They are signed "John Wilkes." One is directed, "To Mr. Kearsley, in Ludgate Street."
A. "He never explained it to me; it was delivered to me interleaved in an Edition of "The Essay on Man;" and was intended to be pasted Page for Page in "The Essay on Man;" and I pasted it myself into One."
Order for an Address, on His Majesty's Speech.
"To express our warmest Congratulations to His Majesty, on the happy Addition to His Royal Family, by the auspicious Birth of a Second Prince; and our most sincere Wishes, that the same Divine Blessing may be continued to His Majesty's Illustrious House, on which the Preservation of our Holy Religion, and our Rights and Liberties do, under God, so essentially depend.
"To declare our firm Reliance on His Majesty's most Gracious Assurance of His Endeavours to secure the Continuance of a Peace, so necessary to the Relief of His Subjects, who have long laboured under the Burden of a most expensive, though successful, War in every Part of the Globe.
"To express our Satisfaction in the Communication, which His Majesty has been pleased to make to us, of the good Disposition of the several Powers engaged in the late War, whose Concurrence in His Majesty's salutary Intentions will, we trust, long ensure the Tranquillity of Europe.
"To assure His Majesty, that, deeply affected by the Sense we have of His Majesty's Attention and Paternal Care for the Improvement of His Conquests and the Extension of the Commerce of His Subjects, in which the publick Welfare is so materially concerned, we will not fail, on our Part, to exert our warmest Endeavours in forwarding His Majesty's great and gracious Purposes.
"That we have nothing more at Heart, than that, His Majesty's Conduct having impressed on the Minds of His faithful Subjects a full Conviction of His true Affection, His Majesty may receive from them the most ample Returns of Duty and Attachment which a loyal and grateful People can make.
"That, convinced how essentially domestick Union is necessary for securing the Advantages derived to us from the late happy and honourable Peace, we cannot sufficiently express our Abhorrence of that seditious Spirit which has of late manifested itself, in Defiance of the Laws, to the Subversion of good Order, and to the Disgrace of Liberty, whose sacred Name it has so insolently assumed:
"And that, by our Zeal and Application in bringing all Offenders of that sort to Justice, as well as by our Proceedings in general, we will endeavour to give such an Example as may induce His Majesty's Subjects to unite in discouraging and suppressing a Licentiousness which is so repugnant to the true Principles of this happy Constitution, and in promoting such Measures as may equally conduce to the Honour and Dignity of His Majesty's Crown, and to their own Happiness and Security."
"We, Your Majesty's most dutiful and loyal Subjects, the Lords Spiritual and Temporal in Parliament assembled, beg Leave to return Your Majesty our unseigned Thanks, for Your most Gracious Speech from the Throne.
"Permit us, Sir, to take the earliest Opportunity of congratulating Your Majesty on the happy Addition to Your Royal Family, by the auspicious Birth of a Second Prince; and of expressing our most sincere Wishes, that the same Divine Blessing may be continued to Your Majesty's Illustrious House, on which the Preservation of our Holy Religion, and our Rights and Liberties, do, under God, so essentially depend.
"We beg Leave also to declare our utmost Gratitude to Your Majesty for the Re-establishment of the Publick Tranquillity, upon Terms of Honour to Your Crown, and Advantage to Your People. We have the firmest Reliance on Your Majesty's most Gracious Assurances of Your Endeavours to secure the Continuance of a Peace, so necessary to the Relief of Your Subjects, who have long laboured under the Burthen of a most expensive, though successful, War in every Part of the Globe: And we receive with great Satisfaction the Communication, which Your Majesty has been pleased to make to us, of the good Disposition of the several Powers engaged in the late War, whose Concurrence in Your Majesty's salutary Intentions will, we trust, long ensure the Tranquillity of Europe.
"We are deeply sensible of Your Majesty's Paternal Care and Attention for the Improvement of Your Conquests, and the Extension of the Commerce of Your Subjects, in which the publick Welfare is so materially concerned; and we will not fail, on our Part, to exert our warmest Endeavours in forwarding Your Majesty's great and gracious Purposes: For we have nothing more sincerely at Heart, than that, Your Majesty having by your Conduct impressed on the Minds of Your faithful Subjects a full Conviction of Your true Affection, may receive from them the most ample Returns of Duty and Attachment which a loyal and grateful People can make.
"Convinced, as we are, that domestick Union is essentially necessary for securing the Advantages derived to us from the late happy and honourable Peace; we cannot sufficiently express our Abhorrence of that seditious Spirit which has of late manifested itself, in Defiance of the Laws, to the Subversion of good Order, and to the Disgrace of Liberty, whose sacred Name it has so insolently assumed. And we beg Leave to assure Your Majesty, that, by our Zeal and Application in bringing all Offenders of that sort to Justice, as well as by our Proceedings in general we will endeavour to give such an Example as may induce Your Majesty's Subjects to unite in discouraging a Licentiousness which is so repugnant to the true Principles of this happy Constitution, and in promoting such Measures as may equally conduce to the Honour and Dignity of Your Majesty's Crown, and to their own Happiness and Security."
Congratulatory Message to the Queen, on the Birth of a Second Prince.
"To acquaint Her Majesty, that this House acknowledges, with the greatest Gratitude to Divine Providence, this new Blessing conferred upon the King our most Gracious Sovereign; and that the Satisfaction arising to Her Majesty from so happy an Event, is a very sensible Addition to the Joy which we receive from such an Acquisition of Strength to the Protestant Succession in His Majesty's Illustrious Family."
Committee of Privileges.
Committee for the Journal.
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 Journal of this and the last Session of Parliament.
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 MarketLane 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.
DIE Mercurii, 16o Novembris.
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 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."
DIE Jovis, 17o Novembris.
The King's Answer to Address reported.
"Your Concurrence with Me in pursuing the essential Objects of Our National Attention, under the present happy Pacification, will be of great Importance towards the Success of My Endeavours for securing the Prosperity of My People.
"I do both highly approve the Zeal which you profess, and firmly rely upon the Exertion of it against that licentious and factious Spirit which is the most dangerous Enemy to our excellent and invaluable Constitution."
The Queen's Answer to the Lords Congratulatory Message.
The Lord Cathcart reported, "That he and the Lord Viscount Bolingbroke had (according to Order) waited upon the Queen, with their Lordships Message of Congratulation upon the Birth of a Second Prince; to which Her Majesty was pleased to return the following Answer; (videlicet,)
Appointment of Mr. Arnott to be Reading Clerk on the Resignation of Mr. De Grey:
The Lord Chancellor acquainted the House, "That he is desired, by Ashley Cowper Esquire, Clerk of the Parliaments, to inform their Lordships, that, on the Resignation of William De Grey Esquire, he hath appointed Mathew Robert Arnott Esquire to be Reading Clerk and Clerk of the Committees, in the Place of the said William DeGrey Esquire."
Consideration of it referred to a Committee.
Ordered, That all the Lords who have been present this Session be appointed a Committee, to consider of the present Appointment of Mr. Arnott to be Reading Clerk and Clerk of the Committees, by Ashley Cowper Esquire, and of all Circumstances material and relative thereto; and to report the same, with their Opinion thereupon, to the House:
Address to His Majesty, for a Prosecution against the Author of the Libel.
The Order of the Day, for taking into further Consideration the Matter of the Complaint of a Breach of Privilege, in putting the Name of a Lord of this House to the Notes to a scandalous and impious Libel, intituled, "An Essay on Woman," being read:
Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That an humble Address be presented to His Majesty, "To lay before him the said Resolution of this House, of the 15th of November, relative to a certain infamous and blasphemous Libel; and humbly to desire His Majesty, that He will be graciously pleased to give the most effectual Orders for the immediate Prosecution of the Author or Authors of the said scandalous and impious Libel, and for bringing them to condign Punishment."
Cassau, Leave for a Nat. Bill.
Respondents peremptorily to answer Dallas's Appeal.
The House was informed, "That James Dallas and Alexander Dallas, Respondents to the Appeal of William Dallas, had not put in their Answer to the said Appeal, though duly served with the Order of this House for that Purpose."
Respondent peremptorily to answer Ld. Napier's Appeal.
The House was informed, "That William Livingston, Respondent to the Appeal of Francis Lord Napier, had not put in his Answer to the said Appeal, though duly served with the Order of this House for that Purpose."
Respondents peremptorily to answer the Appeal of Sir W. Dunbar & al.
The House was informed, "That Alexander Brodie and others, Respondents to the Appeal of Sir William Dunbar and others, had not put in their Answer to the said Appeal, though duly served with the Order of this House for that Purpose."
DIE Veneris, 18o Novembris.
Cassau's Nat. Bill.
Witnesses to attend, concerning the Libel.
Ordered, That Michael Curry, William Johnston, Andrew Millar, Thomas Cadell, Samuel Jennings, George Kearsley, George Saville Carey, Thomas Davis, and Jonathan Scott, do attend this House on Tuesday next, in order to be examined, as Witnesses, in relation to the Matter of the Complaint made to this House of a seandalous and impious Libel.
Ordered, That the Cause wherein Alexander Brebner is Appellant, and John Haliburton and others are Respondents, which (pursuant to the Standing Order) stands appointed to be heard on Wednesday next, be put off till the Monday following; and that the other Causes be removed in Course.
DIE Martis, 22o Novembris.
Epus. Bath. & Wells.
Epus. Litch. & Cov.
Ds. Henley, Cancellarius.
Comes Gower, Camerarius.
Viscount Say & Sele.
Viscount Dudley & Ward.
Ds. Le Despencer.
Ds. St. John Blet.
Ds. Berkeley Str.
Ds. (fn. 1) Mansfield.
Ds. Lovel & Holland.
Ld. Lovel and Holland takes the Oaths.
This Day John Lord Lovel and Holland 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 delivered a Certificate of his receiving the Sacrament, to the Truth whereof Witnesses were sworn and examined.
The King's Answer to Address for prosecuting the Author of the Libel:
The Lord Chamberlain reported, "That the Lords with White Staves had (according to Order) presented to His Majesty their Lordships Address; humbly to desire His Majesty, that He will be pleased to give the most effectual Orders for the Prosecution of the Author or Authors of a scandalous and impious Libel, complained of to their Lordships, intituled, "An Essay on Woman, &c.;" and that His Majesty was pleased to say, "He will give immediate Directions accordingly."
Clerk to deliver the Papers complained of, to Mr. Webb.
Ordered, That the Clerk do deliver the said printed Papers complained of, together with the Three Letters signed John Wilkes, to Philip Carteret Webb Esquire, in order to the carrying on of the said Prosecution, upon his giving a Receipt for the same.
Further Consideration of the Complaint of a Breach of Privilege, put off.
The Order of the Day being read, for the further Consideration of the Matter of the Complaint of a Breach of Privilege, in putting the Name of a Lord of this House to Notes to the said scandalous and impious Libel:
Ordered, That this House will take the Matter of the said Complaint into further Consideration on this Day Sevennight; and that the several Persons, who were ordered to attend as Witnesses on this Day, do then attend; and that the Lords be summoned.
Bland et al. Pet. for a Bill.
Upon reading the Petition of Ann Bland Spinster, William Lowther Clerk, and Richard Heron Esquire, and of Martha Davison Widow, on Behalf of Thomas Davison and John Davison, Infants under the Age of Twenty-one Years, Sons of Thomas Davison Esquire, deceased; praying Leave to bring in a Bill, for establishing, confirming, and carrying into Execution, certain Articles of Agreement, for the Partition and Division of certain Estates therein mentioned, in such Manner as to their Lordships in their great Wisdom shall seem meet:
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 Perrott; 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.
McLaine against McLaine.
Upon reading the Petition and Appeal of John M'Laine of Lochbury; complaining of an Interlocutor of the Lord Ordinary in Scotland, of the 17th of July 1759; of an Interlocutor of the Lords of Session in Scotland, of the 17th of June 1761; of Two Interlocutors of the Lord Ordinary, of the 19th and 23d of June 1761; and of another Interlocutor of the Lords of Session, of the 30th of June 1761; and praying, "That the same may be reversed, varied, or amended; and that their Lordships would give the Appellant such Relief in the Premises as to this House shall seem just; and that Mary [ (fn. 2) M'Laine and] Allan McLaine her Husband may be required to answer the said Appeal:"
It is Ordered, That the said Mary McLaine and Allan M'Laine may have a Copy of the said Appeal; and do put in their Answer or respective Answers thereunto, in Writing, on or before Wednesday the 21st Day of December next; and Service of this Order upon the Counsel or Agents of the said Respondents in the Court of Session in Scotland shall be deemed good Service.
DIE Mercurii, 23o Novembris.
His Majesty's Advocate against Douglas.
Upon reading the Petition and Appeal of His Majesty's Advocate for Scotland, on Behalf of His Majesty; complaining of an Interlocutor of the Lords of Session in Scotland, of the 22d of February 1763; and praying, That the same may be reversed or varied; and that this House will give the Appellant such Relief in the Premises as to their Lordships shall seem meet; and that Archibald Douglas of Douglas Esquire and his Curators may be required to answer the said Appeal:"
It is Ordered, That the said Archibald Douglas and his Curators may have a Copy of the said Appeal; and do put in their Answer thereunto, in Writing, on or before Wednesday the 21st Day of December next; and Service of this Order upon the Procurators or Agents of the said Archibald Douglas and his Curators before the said Court of Session shall be deemed good Service.
Cassau's Nat. Bill.
DIE Jovis, 24o Novembris.
Ordered, That the Cause wherein Alexander Brebner is Appellant, and John Haliburton and Company are Respondents, which stands appointed to be heard on Monday next, be put off to the Friday following; and that the other Causes be removed in Course.
DIE Veneris, 25o Novembris.
Cassau's Nat. Bill.
The Earl of Marchmont reported from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing Govert Cassau," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."
Account of E. India Goods and Naval Stores, &c. delivered.
"1. An Account of prohibited East India Goods brought into the East India Warehouses in St. Hellens, in the Port of London, since Michaelmas 1762; also what have been exported from that Time, and what remained at Michaelmas 1763."
"2. An Account of prohibited East India Goods brought into the East India Warehouses in Leadenhall and Billiter Lane, in the Port of London, since Michaelmas 1762; also what have been exported from that Time, and what remained at Michaelmas 1763."
"3. An Account of prohibited East India Goods remaining in His Majesty's Warehouse in the Port of London, at Michaelmas 1762; what have been since brought in, what exported, as also what remained at Michaelmas 1763."
"4. An Account of East India Goods prohibited to be worn in this Kingdom, in the respective Warehouses in the Out Ports, at Michaelmas 1762; what have been since brought in, what exported, as also what remained at Michaelmas 1763."
"5. An Account of prohibited East India Goods which have been delivered out of the Warehouses at Saint Hellens, Leadenball, Billiter Lane, and Customhouse, in the Port of London, since Michaelmas 1762, in order to be dyed, glazed, &c.; what have been returned, and what remained at Michaelmas 1763."
"8. An Account of the Number of Ships which have been employed in the Whale Fishery to Davis's Straits and The Greenland Seas, with their respective Names and Burdens; from whence they were fitted out, and at what Port in Great Britain they were discharged; and also what Quantity of Oil or Whale Fins each Ship has imported, in the Year 1763."
Hamilton and Sons against Clements et al.
Upon reading the Petition and Appeal of Richard Hamilton of the City of Dublin Esquire, and of Gustavus Hamilton and Charles Hamilton his Sons, Infants under the Age of Twenty-one Years, by the said Richard Hamilton their Father and next Friend; complaining of so much of a Decree of the Court of Chancery in Ireland, of the 13th of June 1763, as dismisses the Petitioners Bill; and praying, "That so much of the said Decree as is complained of may be reversed; and that their Lordships would give the Appellants such Relief in the Premises as the Nature and Circumstances of the Case may require; and that Nathaniel Clements, Gustavus Lambart, and Christopher Nicholson, may be required to answer the said Appeal:"
It is Ordered, That the said Nathaniel Clements, Gustavus Lambart, and Christopher Nicholson, 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 30th Day of December next; and Service of this Order on the Clerks or Agents of the said Respondents in the said Court of Chancery in Ireland shall be deemed good Service.
Conference desired by the H. C. relating to a Paper, intituled, The North Briton:
To desire a Conference with this House, upon a Matter of the utmost Importance to the Dignity of the Crown, the Honour and Safety of His Majesty's Person and Government, and to the Authority and Privileges of Parliament.
Report of the Conference:
And the Lord President reported, "That they had met the Managers for the Commons, at the Conference; which, on their Part, was managed by the Lord North; who acquainted the Managers for the Lords, That His Majesty, having communicated to the House of Commons a printed Paper, intituled, "The North Briton, No 45;" they had taken the same into Consideration, and had come to some Resolutions thereupon, to which they desire the Concurrence of this House."
Resolution of H. C. concerning the Paper being a Libel agreed to; and further Consideration of the Report deferred.
"Resolved, by the Commons in Parliament assembled, That the Paper, intituled, "The North Briton, No 45." is a false, scandalous, and seditious Libel; containing Expressions of the most unexampled Insolence and Contumely towards His Majesty, the grossest Aspersions upon both Houses of Parliament, and the most audacious Defiance of the Authority of the whole Legislature, and most manifestly tending to alienate the Affections of His People from His Majesty, to withdraw them from their Obedience to the Laws of the Realm, and to excite them to traiterous Insurrections against His Majesty's Government."
"Resolved, by the Commons in Parliament assembled, That Privilege of Parliament does not extend to the Case of writing and publishing seditious Libels; nor ought to be allowed to obstruct the ordinary Course of the Laws, in the speedy and effectual Prosecution of so heinous and dangerous an Offence."
DIE Martis, 29o Novembris.
Sir W. Dunbar against Brodie et al.
E. of Sandwich takes the Oaths.
John Earl of Sandwich 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 delivered a Certificate of his receiving the Sacrament, to the Truth whereof Witnesses were sworn and examined.
Ld. Dacre takes the Oaths.
Further Consideration of a Libel, intituled, An Essay on Woman, put off.
The Order of the Day, for taking into further Consideration the Matter of the Complaint of a Breach of Privilege, in putting the Name of a Lord of this House to Notes to a scandalous Libel, intituled, "An Essay on Woman," and for the Attendance of several Witnesses in relation thereto, being read:
Ordered, That this House will take the Matter of the said Complaint into further Consideration on this Day Sevennight; and that the several Persons, who were ordered to attend as Witnesses this Day, do then attend; and that the Lords be summoned.
Report of the Conference on the Libel, intituled, The North Briton, further considered, an Resolutions of H. C. agreed to:
"Resolved, by the Commons in Parliament assembled, That Privilege of Parliament does not extend to the Case of writing and publishing seditious Libels; nor ought to be allowed to obstruct the ordinary Course of the Laws in the speedy and effectual Prosecution of so heinous and dangerous an Offence."
Protest against the last Resolution.
"1. Because we cannot hear, without the utmost Concern and Astonishment, a Doctrine advanced now for the First Time in this House, which we apprehend to be new, dangerous, and unwarrantable; videlicet, That the Personal Privilege of both Houses of Parliament has never held, and ought not to hold, in the Case of any Criminal Prosecution whatsoever; by which, all the Records of Parliament, all History, all the Authorities of the gravest and soberest Judges, are entirely rescinded; and the fundamental Principles of the Constitution, with regard to the Independence of Parliament, torn up, and buried under the Ruins of our most established Rights.
"We are at a Loss to conceive with what View such a Sacrifice should be proposed, unless to amplify in Effect the Jurisdiction of the inferior, by annihilating the ancient Immunities of this superior, Court: The very Question itself proposed to us from the Commons, and now agreed to by the Lords, from the Letter and Spirit of it, contradicts this Assertion; for, whilst it only narrows Privilege in Criminal Matters, it establishes the Principle.
"The Law of Privilege, touching Imprisonment of the Person of Lords of Parliament, as stated by the Two Standing Orders, declares generally, "That no Lord of Parliament, sitting the Parliament, or within the usual Times of Privilege of Parliament, is to be imprisoned or restrained without Sentence or Order of the House, unless it be for Treason or Felony, or for refusing to give Security for the Peace, and Refusal to pay Obedience to a Writ of Habeas Corpus."
"The First of these Orders was made, after long Consideration, upon a Dispute with the King, when the Precedents of both Houses had been fully inspected, commented upon, reported, and entered in the Journals; and after the King's Counsel had been heard: It was made in sober Times, and by a House of Peers, not only loyal, but devoted to the Crown; and it was made by the unanimous Consent of all, not one disfenting. These Circumstances of Solemnity, Deliberation, and Unanimity, are so singular and extraordinary, that the like are scarce to be found in any Instance among the Records of Parliament.
"The Offences that call for Surety and Habeas Corpus are both Cases of present continuing Violence; the Proceedings in both have the same End, videlicet, to repress the Force, and disarm the Offender.
"The Necessity is equal in both; and, if Privilege was allowed in either so long as the Necessity lasts, a Lord of Parliament would enjoy a mightier Prerogative than the Crown itself is entitled to. Lastly, they both leave the Prosecution of all Misdemeanors still under Privilege; and do not derogate from that great Fundamental, "That none shall be arrested in the Course of Prosecution for any Crime under Treason and Felony."
"The Resolution of the other House, now agreed to, is a direct Contradiction to the Rule of Parliamentary Privilege laid down in the aforesaid Standing Orders, both in Letter and Spirit. Before the Reasons are stated; it will be proper to premise Two Observations.
"That, in all Cases where Security of the Peace may be required, the Lord cannot be committed till that Security is refused; and consequently the Magistrate will be guilty of a Breach of Privilege, if he commits the Offender without demanding that Security.
"Although the Security should be refused; yet, if the Party is committed generally, the Magistrate is guilty of a Breach of Privilege, because the Party refusing ought only to be committed till he has found Sureties: Whereas, by a general Commitment, he is held fast, even though he should give Sureties; and can only be discharged by giving Bail for his Appearance.
"This being premised, the First Objection is to the Generality of this Resolution, which, as it is penned, denies the Privilege to the supposed Libeller, not only where he refuses to give Sureties, but likewise throughout the whole Prosecution from the Beginning to the End; so that, although he should submit to be bound, he may notwithstanding be afterwards arrested, tried, convicted, and punished, sitting the Parliament, and without Leave of the House; wherein the Law of Privilege is fundamentally misunderstood, by which no Commitment whatsoever is tolerated, but that only which is made upon the Refusal of Sureties, or in the other excepted Cases, of Treason or Felony, and the Habeas Corpus.
"If Privilege will not hold throughout in the Case of a Seditious Libel, it must be, because that Offence is such a Breach of the Peace for which Sureties may be demanded; and if that be so, it will readily be admitted, that the Case comes within the Exception; "Provided always, that Sureties have been refused, and that the Party is committed only till he shall give Sureties."
"But this Offence is not a Breach of the Peace; it does not fall within any Definition of a Breach of the Peace, given by any of the good Writers upon that Subject; all which Breaches, from Menace to actual Wounding, either alone or with a Multitude, are described to be, Acts of Violence against the Person, Goods, or Possession, putting the Subject in Fear by Blows, Threats, or Gestures: Nor is this Case of the Libeller ever enumerated in any of these Writers among the Breaches of Peace; on the contrary, it is always described as an Act tending to excite, provoke, or produce, Breaches of the Peace. And although a Secretary of State may be pleased to add the inflaming Epithets of treasonable, traiterous, or seditious, to a particular Paper; yet no Words are strong enough to alter the Nature of Things. To say then that a Libel, possibly productive of such a Consequence, is the very Consequence so produced, is, in other Words, to declare that the Cause and the Effect are the same Thing.
"But, if a Libel could possibly by any Abuse of Language, or has any where been, called inadvertently a Breach of the Peace; there is not the least Colour to say, that the Libeller can be bound to give Sureties for the Peace, for the following Reasons:
"Because no Crown Lawyer, in the most despotic Times, ever insisted he should be so bound, even in Days when the Press swarmed with the most invenomed and virulent Libels, and when the Prosecutions raged with such uncommon Fury against this Species of Offenders; when the Law of Libels was ransacked every Term; when Loss of Ears, perpetual Imprisonment, Banishment, and Fines of Ten and Twenty Thousand Pounds, were the common Judgements in The Star Chamber; and when the Crown had assumed an uncontrolable Authority over the Press.
"This Resolution does not only infringe the Privilege of Parliament, but points to the Restraint of the Personal Liberty of every common Subject in these Realms; seeing that it does in Effect affirm, that all Men, without Exception, may be bound to the Peace for this Offence.
"By this Doctrine, every Man's Liberty, privileged as well as unprivileged, is surrendered into the Hands of a Secretary of State: He is by this Means empowered, in the first Instance, to pronounce the Paper to be a seditious Libel, a Matter of such Difficulty, that some have pretended it is too high to be intrusted to a Special Jury of the First Rank and Condition: He is to understand and decide by himself the Meaning of every Inuendo: He is to determine the Tendency thereof, and brand it with his own Epithets: He is to adjudge the Party guilty, and make him Author or Publisher, as he sees good; and, lastly, He is to give Sentence, by committing the Party.
"All these Authorities are given to One single Magistrate, unassisted by Counsel, Evidence, or Jury, in a Case where the Law says no Action will lie against him because he acts in the Capacity of a Judge.
"From what has been observed, it appears to us, that the Exception of a seditious Libel from Privilege is neither founded on Usage or Written Precedents; and therefore this Resolution is of the First Impression: Nay, it is not only a new Law narrowing the known and ancient Rule, but it is likewise a Law ex post facto, pendente Lite, et ex Parte, now first declared to meet with the Circumstances of a particular Case: And it must be further considered, that this House is thus called upon to give a Sanction to the Determinations of the other, who have not condescended to confer with us upon this Point, till they had prejudged it themselves.
"This Method of relaxing the Rule of Privilege, Case by Case, is pregnant with this further Inconvenience, that it renders the Rule precarious and uncertain. Who can foretell where the House will stop, when they have, by One Infringement of their own Standing Orders, made a Precedent, whereon future Infringements may with equal Reason be founded? How shall the Subject be able to proceed with Safety in this perilous Business? How can the Judges decide, on these or the like Questions, if Privilege is no longer to be found in Records, and Journals, and Standing Orders? Upon any Occasion, Privilege may be enlarged; no Court will venture for the future, without trembling, either to recognize or to deny it.
"We manifestly see this Effect of excluding by a general Resolution one Bailable Offence from Privilege To-day; that it will be a Precedent for doing so by another upon some future Occasion, till, instead of Privilege holding in every Case not excepted, it will at last come to hold in none but such as are expressly saved.
"When the Case of the Habeas Corpus is relied upon as a Precedent to enforce the present Declaration; the Argument only shews, that the Mischief aforementioned has taken Place already; since one Alteration, though a very just one, and not at all applicable to the present Question, is produced, to justify another that is unwarrantable.
"But it is strongly objected, that, if Privilege be allowed in this Case, a Lord of Parliament might endanger the Constitution, by a continual Attack of successive Libels; and, if such a Person should be suffered to escape, under the Shelter of Privilege, with perpetual Impunity, all Government would be overturned; and therefore it is inexpedient to allow the Privilege now, when the Time of Privilege by Prorogations is continued for ever, without an Interval.
"This Objection shall be answered in Two Ways: If Inexpediency is to destroy Personal Privilege in this Case of a Seditious Libel, it is at least as inexpedient that other great Misdemeanors should stand under the like Protection of Privilege: Neither is it expedient that the smaller Offences should be exempt from Prosecution in the Person of a Lord of Parliament. So that, if this Argument of Inexpediency is to prevail, it must prevail throughout, and subvert the whole Law of Privilege in Criminal Matters; in which Method of Reasoning, there is this Fault, that the Argument proves too much.
"If this Inconvenience be indeed grievous, the Fault is not in the Law of Privilege, but in the Change of Times, and in the Management of Prorogations by the Servants of the Crown; which are so contrived, as not to leave an Hour open for Justice. Let the Objection, nevertheless, be allowed in its utmost Extent; and then compare the Inexpediency of not immediately prosecuting on one Side, with the Inexpediency of stripping the Parliament of all Protection from Privilege on the other: Unhappy as the Option is, the Publick would rather wish to see the Prosecution for Crimes suspended, than the Parliament totally unprivileged; although, notwithstanding this pretended Inconvenience is so warmly magnified upon the present Occasion, we are not apprized that any such Inconvenience has been felt, though the Privilege has been enjoyed Time immemorial.
"But the Second and best Answer, because it removes all Pretence of Grievance, is this, that this House, upon Complaint made, has the Power (which it will exert in Favour of Justice) to deliver up the Offender to Prosecution.
"It is a dishonourable, and an undeserved, Imputation upon the Lords, to suppose, even in Argument, that they would nourish an impious Criminal in their Bosoms, against the Call of offended Justice, and the Demand of their Country.
"It is true however, and it is hoped that this House will always see (as every Magistrate ought that does not betray his Trust) that their Member is properly charged; but, when that Ground is once laid, they would be ashamed to protect the Offender One Moment. Surely this Trust (which has never yet been abused) is not too great to be reposed in the High Court of Parliament. While it is lodged there, the Publick Justice is in safe Hands, and the Privilege untouched; whereas, on the contrary, if, for the Sake of coming at the Criminal at once without this Application to the House, Personal Privilege is taken away; not only the Offender, but the whole Parliament at the same Time, is delivered up to the Crown.
"It is not to be conceived that our Ancestors, when they framed the Law of Privilege, would have left the Case of a Seditious Libel (as it is called) the only unprivileged Misdemeanor: Whatever else they had given up to the Crown, they would have guarded the Case of supposed Libels, above all others, with Privilege, as being most likely to be abused by outrageous and vindictive Prosecutions.
"It was not made to screen Criminals, but to preserve the very Being and Life of Parliament; for, when our Ancestors considered, that the Law had lodged the great Powers of Arrest, Indictment, and Information, in the Crown, they saw the Parliament would be undone, if, during the Time of Privilege, the Royal Process should be admitted in any Misdemeanor whatsoever; therefore they excepted none: Where the Abuse of Power would be fatal, the Power ought never to be given, because Redress comes too late.
A Parliament under perpetual Terror of Imprisonment can neither be free, nor bold, nor honest; and, if this Privilege was once removed, the most important Question might be irrecoverably lost, or carried, by a sudden Irruption of Messengers, let loose against the Members Half an Hour before the Debate.
"The Repetition of a Libel, the Delivery of it unread to another, is said to be a Publication; nay the bare Possession of it has been deemed criminal, unless it is immediately destroyed, or carried to a Magistrate.
"Every Lord of Parliament then, who hath done this, who is falsely accused, nay who is, though without any Information, named in the Secretary of State's Warrant, has lost his Privilege by this Resolution, and lies at the Mercy of that Enemy to Learning and Liberty, the Messenger of the Press.
"For these, and many other forcible Reasons, we hold it highly unbecoming the Dignity, Gravity, and Wisdom, of the House of Peers, as well as their Justice, thus judicially to explain away and diminish the Privilege of their Persons, founded in the Wisdom of Ages, declared with Precision in our Standing Orders, so repeatedly confirmed, and hitherto preserved inviolable, by the Spirit of our Ancestors; called to it only by the other House on a particular Occasion and to serve a particular Purpose, ex post facto, ex Parte, et pendente Lite in the Courts below.
Heads to be prepared for a Conference, about the North Briton.
Ordered, That the said Agreement be communicated to the Commons, at a Conference; and that the Managers of the last Conference be appointed a Committee, to prepare what may be proper to be offered to the Commons at the said Conference; and report to the House.