Journal of the House of Lords Volume 34, 1774-1776. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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Die Jovis, 26o Octobris 1775, Annoque Regni Serenissimi Domini Nostri George Tertii, Dei Gratia, Magna Britannia, Franci, et Hibnic Regis, Fidei Defensoris, &c. Decimo Sexto; in quem Diem hc Secunda Sessio Parliamenti, per separalia Adjournamenta et Prorogationes, continuata fuerat, in Superiori Domo Parliamenti Magn Britanni apud Westmonaster convenere, Domini tam Spirituales quam Temporales, quorum Nomina subscribuntur, et praesentes fuerunt:
His Majesty being seated oh 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 Majestys Pleasure they attend Him immediately in this House.
His Majestys Speech.
Those who have long too successfully laboured to inflame My People in America, by gross Misrepresentations, and to infuse into their Minds a System of Opinions repugnant to the true Constitution of the Colonies, and to their subordinate Relation to Great Britain, now openly avow their Revolt, Hostility, and Rebellion. They have raised Troops, and are collecting a Naval Force; they have seized the publick Revenue, and assumed to themselves Legislative, Executive, and Judicial Powers, which they already exercise in the most arbitrary Manner over the Persons and Properties of their Fellow Subjects. And although many of these unhappy People may still retain their Loyalty, and may be too wise not to fee the fatal Consequence of this Usurpation, and wish to resist it, yet the Torrent of Violence has been strong enough to compel their Acquiescence till a sufficient Force shall appear to support them.
The Authors and Promoters of this desperate Conspiracy have, in the Conduct of it, derived great Advantage from the Difference of our Intentions and theirs. They meant only to amuse, by vague Expressions of Attachment to the Parent State, and the strongest Protestations of Loyalty to Me, whilst they were preparing for a general Revolt. On Our Part, though it was declared in your last Session that a Rebellion existed within the Province of the Massachusetts Bay, yet even that Province We wished rather to reclaim than to subdue. The Resolutions of Parliament breathed a Spirit of Moderation and Forbearance; conciliatory Propositions accompanied the Measures taken to enforce Authority, and the coercive Acts were adapted to Cases of criminal Combinations amongst Subjects not then in Arms. I have acted with the same Temper, anxious to prevent, if it had been possible, the Effusion of the Blood of My Subjects, and the Calamities which are inseparable from a State of War; still hoping that My People in America would have discerned the traiterous Views of their Leaders, and have been convinced, that to be a Subject of Great Britain, with all its Consequences, is to be the freest Member of, any Civil Society in the known World.
The rebellious War now levied is become more general, and is manifestly carried on for the Purpose of establishing an independent Empire. I need not dwell upon the fatal Effects of the Success of such a Plan. The Object is too important, the Spirit of the British Nation too high, the Resources with which God hath blessed her too numerous, to give up so many Colonies which the has planted with great Industry; nursed with great Tenderness, encouraged with many Commercial Advantages, and protected and defended at much Expence of Blood and Treasure.
It is now become the Part of Wisdom and (in its Effects) of Clemency, to put a speedy End to these Disorders by the most decisive Exertions. For this Purpose I have increased my Naval Establishment, and greatly augmented My Land Forces; but in such a Manner as may be the least burthensome to My Kingdoms.
I have also the Satisfaction to inform you, that I have received the most friendly Offers of Foreign Assistance; and if I shall make any Treaties in consequence thereof, they shall be laid before you. And I have, in Testimony of My Affection for My People, who can have no Cause in which I am not equally interested, sent to the Garrisons of Gibraltar and Port-Mahon, a Part of My Electoral Troops, in order that a larger Number of the established Forces of this Kingdom may be applied to the Maintenance of its Authority; and the National Militia, planned and regulated with equal Regard to the Rights, Safety, and Protection, of My Crown and People, may give a farther Extent and Activity to our Military Operations.
When the unhappy and deluded Multitude, against whom this Force will be directed, shall become sensible of their Error, I shall be ready to receive the Misled with Tenderness and Mercy: And in order to prevent the Inconveniencies which may arise from the great Distance of their Situation, and to remove, as soon as possible, the Calamities which they suffer, I shall give Authority to certain Persons upon the Spot to grant general or particular Pardons and Indemnities, in such Manner, and to such Persons as they shall think fit; and to receive the Submission of any Province or Colony, which shall be disposed to return to its Allegiance. It may be also proper to authorize the Persons so commissioned to restore such Province or Colony so returning to its Allegiance, to the free Exercise of its Trade and Commerce, and to the same Protection and Security, as if such Province or Colony had never revolted.
I have ordered the proper Estimates for the ensuing Year to be laid before you; and I rely on your Affection to Me, and your Resolution to maintain the just Rights of this Country, for such Supplies as the present Circumstances of our Affairs require. Among the many unavoidable ill Consequences of this Rebellion, none affects Me more sensibly than the extraordinary Burthen which it muff create to My faithful Subjects.
I have fully opened to you My Views and Intentions. The constant Employment of My Thoughts, and the moil earnest Wishes of My Heart, tend wholly to the Safety and Happiness of all My People, and to the Re-establishment of Order and Tranquillity through the several Parts of My Dominions, in a close Connexion and constitutional Dependence. You fee the Tendency of the present Disorders, and I have stated to you the Measures which I mean to pursue for suppressing them. Whatever remains to be done, that may farther contribute to this End, I commit to your Wisdom. And I am happy to add that, as well from the Assurances I have received, as from the general Appearance of Affairs in Europe, I fee no Probability that the Measures which you may adopt will be interrupted by Disputes with any Foreign Power.
E Bathurst, Lord Chancellor, introduced.
The Lord President signified to the House, That His Majesty had been pleased to create Allen Lord Bathurst an Earl of Great Britain, by the Stile and Title of Earl Bathurst. This Title is (upon his Lordships Death, who had not been introduced as an Earl) descended to his Son Henry, now Earl Bathurst, Lord High Chancellor of Great Britain.
His Lordship, taking in his Hand the Purse with the Great Seal, retired to the lower End of the House, and having there put on his Robes, was introduced between the Lord President and the Earl of Rochford, also in their Robes, the Gentleman Usher of the Black Rod, Garter King at Arms, in his Coat of Arms, carrying his Lordships Patent, (which he delivered to him at the Steps before the Throne), the Deputy Earl Marshal and the Lord Great Chamberlain preceding. His Lordship (after Three Obeisances) laid down his Letters Patent upon the Chair of State, and from thence took and delivered them to the Clerk, who read the same at the Table. The said Letters Patent bear Date the Twenty-seventh of Angust in the Twelfth Year of the Reign of His present Majesty.
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 Cousin and Counsellor Henry Earl Bathurst, 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 Twenty-ninth Day of November last past; which Parliament hath been from that Time, by several Adjournments and Prorogations, adjourned, prorogued, and continued, to and until the Twenty-sixth Day of this instant October, 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 Our said Kingdom and the Church, and the Dispatch of the said Affairs. Witness Ourself at Westminster, the Seventeenth Day of October, in the Fifteenth Year of Our Reign.
His Lordship came to the Table, and 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 next below the Earl of Chatham, on the Earls Bench.
Peers Pedigrees delivered.
Ld. Willoughby of Parham takes his Seat.
This Day George Lord Willoughby of Parham sat First in Parliament, after the Death of his Uncle Henry Lord Willoughby of Parham; his Lordship 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.
Ld. Monson takes his Seat.
This Day John Lord Monson sat First in Parliament, after the Death of his Father John Lord Monson; his Lordship 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.
Lords take the Oaths.
Bill pro form read.
American Co. lonies, Petition of the City of London touching them.
The Lord Camden presented to the House a Petition of the Lord Mayor, Aldermen, and Commons, of the City of London, in Common Council assembled; praying, Their Lordships would be pleased to adopt such Measures for the Healing of the present unhappy Disputes between the Mother Country and the Colonies, as may be speedy, permanent, and honourable.
Nova Scotia, Petition from.
His Majestys Speech reported.
Motion for an Address.
To assure His Majesty, that we fee with the utmost Abhorrence and Indignation the real Design of those desperate Men, who, by the grossest Misrepresentations, have deluded and precipitated Our unhappy Fellow Subjects in America, into Measures no less subversive of their own Happiness and true Interests, than dangerous to the Prosperity and Safety of Great Britain.
That the Powers which they have assumed, and the arbitrary and oppressive Acts which they have done, leave no Doubt of their traiterous Purpose to induce the Colonies to shake off the Controul of the Supreme Legislature, and to bury in an ungrateful Oblivion the Remembrance of the great Industry with which they have been planted, the softening Care with which they have been nursed, the many Advantages which they have enjoyed, and the Expence of Blood and Treasure with which they have been protected by this Nation.
To express our Concern to His Majesty, that the great Tenderness with which His Majesty has proceeded, and the conciliatory Disposition which appeared in the last Session of Parliament, instead of having the desired Effect of undeceiving the Misled, and establishing a Confidence in the Parent State, have been turned to the Advantage, and made instrumental to the Purposes, of this desperate Attempt. That whilst we acknowledge this to have been the Consequence of the Difference of Intention which prevailed here and in America, we are penetrated with a just Sense of the Motives which have regulated His Majestys Endeavours to prevent, if it had been possible, the Effusion of the Blood of our Fellow Subjects, and the Calamities which are inseparable from a State of War.
That since the Rebellion is now become more general, and manifests the Purpose of establishing and maintaining an independant Empire, we cannot but applaud His Majestys Resolution to vindicate the Rights, the Interests, and the Honour of His Kingdom, by a speedy and most decisive Exertion; that for this Purpose we will support His Majesty with our Lives and Fortunes.
That we hear, therefore, with Pleasure, that His Majesty has increased His Naval Establishment, and also greatly augmented His Land Forces, and are sensible of His Majestys kind Consideration in having done it in such a Manner as may be the least burthensome to His Kingdoms; and that we shall cheerfully concur in whatever may be necessary to enable His Majesty to profit of the friendly Dispositions of Foreign Powers.
That we are deeply impressed by the gracious Motives which induced His Majesty to fend a Part of His Electoral Troops to the Garrisons of Gibraltar and Port Mahon, by which Assistance this Country will be enabled to employ a larger Number of its own established Forces in the Maintenance of its Authority.
That we return His Majesty our sincerest Thanks for having so providently pointed out to us a farther Resource in that National Body of Men so constitutional in their Nature, and so zealous in their Duty, the Militia of this Kingdom.
To assure His Majesty, that we cannot sufficiently admire the benevolent Declaration, that when the much wished for Period arrives, that the unhappy and deluded Multitude, against whom this Force will be directed, shall become sensible of their Error, His Majesty will receive the Misled with Tenderness and Mercy; and that we are fully sensible of the wife and compassionate Sentiment which has determined His Majesty to delegate Authority to certain Persons upon the Spot, to grant general or particular Pardons and Indemnities, in such Manner, and to such Persons, as they shall think fit, and to receive the Submission of any Province or Colony which shall be disposed to return to its Allegiance; and that we will most readily concur in granting to the Persons so commissioned, such farther Powers as may best tend to promote and effectuate His Majestys salutary Intentions.
To convey to His Majesty our grateful Acknowledgements for the fall and explicit Communication which His Majesty has been pleased to make to us, and the just Sense we entertain of the numerous Blessings we enjoy, flowing from the Source of never-ceasing Attention with which His Majesty is occupied for the Safety and Happiness of all His People; and to assure His Majesty that we participate the same Desire which animates His Royal Breast, and feel no other With than to re-establish Order and Tranquillity through the several Parts of His Dominions upon the Basis of a close Connexion with, and Constitutional Dependence upon, Great Britain
Amendment proposed, and disagreed to:
[That we behold with the utmost Concern the Disorders and Discontents in the British Colonies rather encreased than diminished by the Means which have been used to suppress and allay them; a Circumstance alone sufficient to give this House just Reason to fear, that those Means were not originally well considered, or properly adapted to answer the Ends to which they were directed.
We are satisfied, by Experience, that this Misfortune has, in a great Measure, arisen from the Want of full and proper Information being laid before Parliament of the true State and Condition of the Colonies, by reason of which, Measures have been carried into Execution injudicious and inefficacious, from whence no salutary End was reasonably to be expected, tending to tarnish the Lustre of the British Arms, to bring Discredit on the Wisdom of His Majestys Councils, and to nourish, without Hope of End, a most unhappy Civil War.
Deeply impressed with a Sense of this melancholy State of the Publick Concerns, we shall, on the fullest Information we can obtain, and with the most mature Deliberation we can employ, review the Whole of the late Proceedings, that we may be enabled to discover, as we shall be most willing to apply, the most effectual Means for restoring Order to the diffracted Affairs of the British Empire, Confidence to His Majestys Government, Obedience, by a prudent and temperate Use of its Powers, to the Authority of Parliament, and Satisfaction and Happiness to all His People.
By these Means, we trust, we shall avoid any Occasion for having Recourse to the alarming and dangerous Expedient of calling in Foreign Forces to the Support of His Majestys Authority within His own Dominions, and the still more dreadful Calamity of shedding British Blood by British Hands.]
1st, Because we cannot, as Englishmen, as Christians, or as Men of common Humanity, consent to the Prosecution of a cruel Civil War, so little supported by Justice, and so very fatal in its necessary Consequences, as that which is now waging against our Brethren and Fellow Subjects in America. We have beheld, with Sorrow and Indignation, Session after Session, and notwithstanding repeated. Warnings of the Danger, Attempts made to deprive some Millions of British Subjects of their Trade, their Laws, their Constitution, their mutual Intercourse, and of the very Food which God has given them for their Subsistence. We have beheld Endeavours used to enforce these impolitic Severities at the Point of the Bayonet. We have on the other Hand beheld so large a Part of the Empire, united in one common Cause, really sacrificing, with Chearfulness, their Lives and Fortunes, and preferring all the Horrors of a War, raging in the very Heart of their Country, to ignominious Ease. We have beheld this Part of His Majestys Subjects, thus irritated to Resistance, and so successful in it, still making Professions (in which we think it neither wife nor decent to affect a Disbelief) of the utmost Loyalty to His Majesty; and unwearied with continued Repulses, repeatedly petitioning for Conciliation upon such Terms only as shall be consistent with the Dignity and Welfare of the Mother Country. When we consider these Things, we cannot look upon our Fellow Subjects in America in any other Light than that of Freemen driven to Resistance by Acts of Oppression and Violence.
2dly, Because this unnatural War, thus commenced in Oppression, and in the most erroneous Policy, must, if persevered in, be finally ruinous in its Effects. The Commerce of Great Britain with America was great and increasing; the Profits immense; the Advantages, as a Nursery of Seamen, and as an inexhaustible Magazine of Naval Stores, infinite; and the Continuance of that Commerce, particularly in Times of War, when most wanted to support our Fleets and Revenues, not precarious as all Foreign Trade must be, but depending solely on ourselves. These valuable Resources, which enabled us to face the united Efforts of the House of Bourbon, are actually lost to Great Britain, and irretrievably lost, unless redeemed by immediate and effectual Pacification.
3dly, Because Great Britain, deprived of so valuable a Part of its Resources, and not animated either with Motives of Self-defence, or with those Prospects of Advantage and Glory which have hitherto supported this Nation in all its foreign Wars, may possibly find itself unable to supply the Means of carrying on a Civil War, at such a vast Distance, in a Country so peculiarly circumstanced, and under the complicated Difficulties which necessarily attend it. Still less should we be able to preserve by mere Force that vast Continent, and that growing Multitude of resolute Freemen who inhabit it; even if that or any Country was worth governing against the Inclination of all its Inhabitants. But we fear, that while we are making these fruitless Efforts, refusing to give Credit to the Declarations of our Fellow Subjects, and blindly confiding in the insidious Professions of the natural Enemies of this Country, we are preparing an easy Pray for those who prudently fit quiet beholding British Forces, which, if united, might be in a Condition, from their Valour, Numbers, and Discipline, to carry Terror into the very Heart of their Kingdoms, destroying each other. Every Event, which ever Way it turns, is a Victory to them. Our very Hospitals furnish them with daily Triumphs, the greater as they are certain, without any Risque to them of Men or Money.
4thly, Because we conceive the calling in Foreign Forces to decide Domestick Quarrels, to be a Measure both disgraceful and dangerous; and that the Advice which Ministers have dared to give to His Majesty, which they have avowed and carried into Execution, of fending to the Garrisons of Gibraltar and Port Mahon, the Dominions of the Crown of Great Britain, a Part of His Electoral Troops, without any previous Consent, Recommendation, or Authority of Parliament, is unconstitutional; that Hanoverian Troops should, at the mere Pleasure of the Ministers, be considered as a Part of the British Military Establishment, and take a Rotation of Garrison Duties through these Dominions, is, in Practice and Precedent, of the highest Danger to the Safety and Liberties of this Kingdom, and tends wholly to invalidate the wife and salutary Declaration of the grand fundamental Law of our glorious Deliverer King William, which has bound together the Rights of the Subject, and the Succession of the Crown.
5thly, Because the Ministers who are to be intrusted with the Management of this War, have proved themselves unequal to the Task, and in every Degree unworthy of publick Trust. Parliament has given them every Assistance they asked, no unforeseen Accidents have stood in their Way, no Storms have disabled or delayed their Operations, no Foreign Power hath, as yet, interfered; but notwithstanding these Advantages, by their Ignorance, Negligence, and Want of Conduct, our Arms have been disgraced, upwards of Ten Thousand of the Flower of our Army, with an immense Artillery, under Four Generals of Reputation, and backed with a great Naval Force, have been miserably blockaded in One Sea Port Town, and after repeated and obstinate Battles, in which such Numbers of our bravest Men have fallen, the British Forces have not been able to penetrate One Mile into the Country which they were sent to subdue; important Fortresses are seized, the Governors are driven from their Provinces, and, it is doubtful, whether at this Moment we are in, Possession of a single Town in all North America. Whether we consider its Extent or its Commerce, England has lost Half its Empire in One Campaign. Nor can we impute the Misconduct of Ministers to mere Inability, nor to their Ignorance of the State of America, upon which they attempt to justify themselves. For while some Members of Administration confess they were deceived as to the Strength and Condition of the Provinces, we have from others received official Information, that the Insufficiency of the Navy was concealed from Parliament, and Part of Administration, from a Fear of not receiving Support from its Members: We cannot, therefore, consent to an Address, which may deceive His Majesty and the Publick into a Belief or the Confidence of this House in the present Ministers who have deceived Parliament, disgraced the Nation, lost the Colonies, and involved us in a Civil War, against our clearest Interests, and upon the most unjustifiable Grounds, wantonly spilling the Blood of Thousands of our Fellow Subjects.
Most Gracious Sovereign,
We, Your Majestys most dutiful and loyal Subjects the Lords Spiritual and Temporal in Parliament assembled, beg Leave to return Your Majesty our humble Thanks for Your moil gracious Speech from the Throne.
With the utmost Abhorrence and Indignation we see the real Design of those desperate Men, who, by the grossest Misrepresentations, have deluded and precipitated our unhappy Fellow Subjects in America into Measures no less subversive of their own Happiness and true Interests, than dangerous to the Prosperity and Safety of Great Britain. The Powers they have assumed, and the arbitrary and oppressive Acts which they have done, leave no Doubt of their traiterous Purpose to induce the Colonies to shake off the Controul of the Supreme Legislature, and to bury in an ungrateful Oblivion the Remembrance of the great Industry with which they have been planted, the fostering Care with which they have been nursed, the many Advantages which they have enjoyed, and the Expence of Blood and Treasure with which they have been protected by this Nation.
We cannot avoid expressing our Concern that the great Tenderness with which Your Majesty has proceeded, and the conciliatory Disposition which appeared in the last Session of Parliament, instead of having the desired Effect of undeceiving the Misled, and establishing a Confidence in the Parent State, have been turned to the Advantage, and made instrumental to the Purpose, of this dangerous Attempt; and whilst we acknowledge this to be the Consequence of the Difference of Intention which prevailed here and in America, we are penetrated with a just Sense of the Motives which have regulated Your Majestys Endeavours to prevent, if it had been possible, the Effusion of the Blood of our Fellow Subjects, and the Calamities which are inseparable from a State of War; but since the Rebellion is now become more general, and manifests the Purpose of establishing and maintaining an independent Empire, we cannot but applaud Your Majestys Resolution to vindicate the Rights, the Interests, and the Honour of this Kingdom, by a speedy and most decisive Exertion; and for this Purpose we think it our indispensible Duty to declare, that we will support Your Majesty with our Lives and Fortunes; and being fully persuaded that in the present State of these Disorders, the most active will, in its Effect, be the most merciful Mode of Proceeding, we hear, with Pleasure, that Your Majesty has increased Your Naval Establishment, and also greatly augmented Your Land Forces. We are sensible of Your Majestys kind Consideration in having done it in such a Manner as may be the least burthensome to Your Kingdoms; and Your Majesty may be assured that we shall chearfully concur in whatever may be necessary to enable Your Majesty to profit of the friendly Dispositions of Foreign Powers.
We are deeply impressed by the gracious Motives which induced Your Majesty to send a Part of Your Electoral Troops to the Garrisons of Gibraltar and Port Mahon, by which Assistance this Country will be enabled to employ a larger Number of its own established Forces in the Maintenance of its Authority; and we return Your Majesty our sincerest Thanks for having so providently pointed out to us a farther Resource in that National Body of Men, so constitutional in their Nature, and so zealous in their Duty, the Militia of this Kingdom.
We cannot sufficiently admire Your Majestys benevolent Declaration, that when the wished for Period arrives, that the unhappy and deluded Multitude, against whom this Force will be directed, shall become sensible of their Error, Your Majesty will receive the Misled with Tenderness and Mercy; and we are fully sensible of the wife and companionate Sentiment which has determined Your Majesty to delegate Authority to certain Persons upon the Spot to grant general or particular Pardons and Indemnities in such Manner, and to such Persons, as they shall think fit, and to receive the Submission of any Province or Colony which shall be disposed to return to its Allegiance; and we will most readily concur in granting to the Persons so commissioned such farther Powers as may best tend to promote and effectuate Your Majestys salutary Measures.
Permit us, Sir, to offer our grateful Acknowledgments to Your Majesty, for the full and explicit Communication which Your Majesty has been pleased to make to us, and at the same Time to express the just Sense we entertain of the numerous Blessings we enjoy, flowing from the Source of never-ceasing Attention with which Your Majesty is occupied for the Safety and Happiness of all Your People. And we beg Leave to assure Your Majesty, that we participate the same Desire which animates Your Royal Breast, and feel no other Wish than to re-establish Order and Tranquillity through the several Parts of Your Dominions, upon the Basis of a close Connexion with, and Constitutional Dependence upon, Great Britain.
Committee of Privileges.
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.
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 Tard 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 Jamess 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 Veneris, 27o Octobris 1775.
|Epus. Bangor.||Comes Bathurst, Cancellarius.||Ds. Boston.|
|Comes Hertford, Camerarius.|
His Majesty to be attended With the Address.
The Lord Chamberlain reported. That the Lords with White Staves had (according to Order) waited on His Majesty, humbly to know what Time His Majesty would please to appoint to be attended with their Lordships Address; and that His Majesty had appointed this Day, at Two oClock, at His Palace of St James.
Darby and Tyrrell against Blackacre:
Upon reading the Petition of Richard Blackacre Defend ant in a Writ of Error depending in this House, wherein John Darby and Robert Tyrrell are Plaintiffs; setting forth, That the Plaintiffs have not assigned Errors within the Time ordered by the House; and there fore praying, That the said Writ of Error may be nonprosd, with such Costs as to their Lordships shall seem meet:
Writ of Error nonprosd with Costs.
It is Ordered, That the Petitioner do forthwith enter a Nonpros. on the said Writ of Error, as desired; and that the Record be remitted to the Court of Kings 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 Plaintiffs in Error do pay, or cause to be paid, to the Defendant in Error, the Sum of Forty Pounds for their Costs, by reason of the Delay of the Execution of the said Judgement.
Glass against Stanley.
Upon reading the Petition and Appeal of John Glass Esquire, complaining of Four Orders of the Court of Chancery in Ireland, of the 6th of June, the 4th and 15th of July, and 22d of August, 1772; also of a Decretal Order of the said Court of the 10th of December 1772; and also of another Decretal Order of the said Court of the 14th of May 1773; and of Three other Orders of the said Court, of the 3d and 10th of February, and 29th of November, 1773; as also of Two other Orders of the said Court of the 20th of April and 1 1th of June 1774; and praying, That the same may be reversed; and that the Execution of all Attachments issued in consequence of any of them may be suspended till the Hearing of the said Appeal, or that the Appellant may have such other Relief in the Premises as to this House, in their Lordships great Wisdom, shall seem meet; and that Jane Stanley, otherwise Glass, may be required to answer the said Appeal:
It is Ordered, That the said Jane Stanley, otherwise Glass, may have a Copy of the said Appeal, and do put in her Answer thereto, in Writing, on or before Friday the 1st Day of December next; and Service of this Order upon her Attorney, Agent, or Six Clerk, in the said Court of Chancery in Ireland, shall be deemed good Service.
Die Lun, 30o Octobris 1775.
His Majestys Answer to Address, reported.
The Lord Chancellor reported, That the House did, on Thursday last, present their Address to His Majesty, to which His Majesty was pleased to return the following most gracious Answer; (videlicet),
I receive, with the most sensible Satisfaction, this Address, so sully expressive of your Duty and Loyalty to Me. Nothing can be more, acceptable than the Assurances you give of your utmost Support to enable Me to re-establish Order and Tranquillity throughout all My Dominions; and I shall most heartily concur with any Measures that may tend to so salutary a Purpose.
Doyne against Daly Ux. Pleadings proved.
The House being informed, That French Mullery Gentleman, attended, in order to deliver in Copies of Pleadings and Proceedings in the Cause wherein Robert Doyne Esquire, is Appellant, and Michl Daly Esquire and Johanna his Wife, are Respondents:
Ward against Hartpole; Petition to revive Appeal.
A Petition of Charles Ward Heir at Law, Devisee and Residuary Legatee in the last Will and Testament of Nicholas Ward Esquire, his late Brother, deceased, and Administrator with the Will annexed of the said Nicholas Ward, and also Administrator of all and singular the Goods and Chattels, Rights and Credits, which were of Vere Ward Gentleman, his late Father, deceased, left unadministered by the said Nicholas Ward, in his Life-time, who was the eldest Son, Heir at Law, next of Kin, and Administrator of all and singular the Goods and Chattels, Rights and Credits, which were of the said Vere Ward, his late Father, deceased, in his Lifetime, and at the Time of his Death, was presented and read; setting forth, That the Appellant Nicholas Ward, now deceased, preferred his Appeal to their Lordships, complaining of a Decree of the Court of Chancery in Ireland, made on the 25th of February 1774: That the Appellant Nicholas Ward, departed this Life in Ireland, on or about the 19th Day of April last, leaving the Petitioner, his eldest Brother and Heir at Law, having first made and published his last Will and Testament, in Writing, whereby he devised and bequeathed to the Petitioner all his the said Testators Real and Personal Estates, and appointed Michl Grace and Thomas Coshy, Esquires, Executors thereof, who renounced the Probate of the said Will. And the Petitioner has, since the Death of the said Nicholas Ward, obtained Administration to the said Nicholas Ward with his Will annexed; and also obtained Letters of Administration of the Personal Estate and Effects of the said Vere Ward, left unadministered by the said Nicholas Ward: That the said Appeal is become abated by the Death of the said Nicholas Ward: That the Petitioner is advised to revive the said Appeal in his Name; and therefore praying their Lordships, That the said Appeal may stand revived, and that the same may be in the same Plight and Condition as it stood at the Time of the Death of the said Nicholas Ward.
Ordered, That the Order of this House of the 8th of May last, to revive this Appeal in the Names of the said Charles Ward, and also of Michl Grace and Thomas Coshy, Esquires, Executors of the last Will and Testament of the said Nicholas Ward, deceased, be discharged; and that the said Appeal be revived in the Name of the said Charle Ward alone, and that he do stand in the Place of the said Nicholas Ward, the late Appellant, and have the same Benefit of the Appeal as if he was living.
Mullen to enter into Recognizance on Glasss Appeal.
The House being moved, That John Mullen, of the Parish of Saint George, Hanover Square, Gentleman, may be permitted to enter into a Recognizance for John Glass Esquire, on Account of his Appeal depending in this House, he living in Ireland:
Owens Petition referred to Judges.
Upon reading the Petition of William Owen Esquire, formerly called William Mostyn, on Behalf of himself and William and Robert Mostyn Owen, his Sons, both infants, praying Leave to bring in a Bill for the Purposes in the Petition mentioned:
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 Nares, 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.
Causes put off.
Ordered, That the Hearing of the Cause wherein James Alexander Esquire, and others, are Appellants, and John Paterson, and others, are Respondents, which stands appointed for Wednesday next, be put off to Friday next; and that the Rest of the Causes be removed in Course.