House of Lords Journal Volume 33: June 1773, 11-20

Die Veneris, 11^o Junii 1773.

Domini tam Spirituales quam Temporales prsentes fuerunt:

PRAYERS.

Tid St Giles, &c. Drainage Bill.

Hodie 3^a vice lecta est Billa, intituled, An Act for draining and preserving certain Lands and Grounds in the Parishes of Tid Saint Giles and Newton, in the Isle of Ely, in the County of Cambridge, and in Tid Saint Marys, in the County of Lincoln.

The Question was put, Whether this Bill shall pass?

It was resolved in the Affirmative.

Gaols, Clergymen to officiate m, Bill:

Hodie 3^a vice lecta est Billa, intituled, An Act for providing Clergymen to officiate in Gaols, within, that Part of Great Britain called England.

The Question was put, Whether this Bill shall pass?

It was resolved in the Affirmative.

Message to H. C, that the Lords have agreed to the Two preceding Bills.

A Message was sent to the House of Commons, by Mr. Holford and Mr. Browning:

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

Wastes, &c. Cultivation of, Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for the better Cultivation, Improvement, and Regulation, of the Common Arable Fields, Wastes, and Commons of Pasture, in this Kingdom.

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

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

Sir Gregory Turners Estate Bill.

The House proceeded to take into Consideration the Amendment made by the Commons to the Bill, intituled, An Act for vesting divers Freehold and Leasehold Estates, and certain Goods and Chattels, late of Sir Edward Turner Baronet deceased, in Sir Gregory Turner Baronet his eldest Son, as a Compensation for and in Satisfaction of his Claims on his said late Fathers Estate and Effects.

And the same, being read Three Times by the Clerk, (fn. 1) were agreed to by the House.

And a Message was sent to the House of Commons, by the former Messengers, to acquaint them therewith.

America, Bills of Credit in, Act to amend, Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act to explain and amend an Act, made in the Fourth Year of His present Majesty, intituled, An Act to prevent Paper Bills of Credit hereafter to be issued in any of His Majestys Colonies or Plantations in America from being declared to be a legal Tender in Payments of Money; and to prevent the legal Tender of such Bills as are now subsisting from being prolonged beyond the Periods limited for calling in and sinking the same.

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

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

Plate, forging Stamps, &c. on, Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for repealing so much of an Act of the Thirty-first Year of His late Majesty, as inflicts Capital Punishment for Frauds and Abuses in the marking or stamping of Gold or Silver Plate, and for inflicting another Punishment for the said Offence.

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

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

Bastard Children Bill.

Hodie 2^a vice kcla est Billa, intituled, An Act to prevent the Concealment of the Deaths of Bastard Children, and to repeal an Act, passed in the Twenty-first Year of the Reign of King James the First, intituled, An Act to prevent the destroying and murdering of Ballard Children.

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

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

Message from H. C. to return West Will jughby Enclosure Bill.

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

To return the Bill, intituled, An Act for dividing and enclosing the Open and Common Fields and Lands, Common Heath and Waste Grounds, within the Township of West Willoughby, in the Manor of Sudbrooke and Parish of Ancaster, in the County of Lincoln; and to acquaint this House, that they have agreed to their Lordships Amendments made thereto.

Bread, to regulate the Assize of, Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for better regulating the Assize and making of Bread.

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

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

Roche against Connel.

Upon reading the Petition of Hugh Connell, Defendant in a Writ of Error depending in this House, wherein Thomas Roche is Plaintiff:

Vaux against Dutens et al:

Also, Upon reading the Petition of Peter Dutens, George Dutens, and John Paul Llagestera, Executors of the last Will and Testament of Frederick Dutens deceased, Defendants in a Writ of Error depending in this House, wherein Joseph Vaux is Plaintiff; setting forth, That the Plaintiffs have not assigned Errors within the Time ordered by the House; and therefore praying, That the said Writs of Error may be nonpros'd with such Costs, as to their Lordships shall seem meet:

Writs of Error nonpross'd with Costs.

It is Ordered, That the Petitioners do forthwith enter a Nonpros- on the said Writs of Error as desired, and that the Records be remitted to the Court, of Kings 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 Twenty Pounds for their Costs, by Reason of the Delay of the Execution of the said Judgements.

Bank Notes, forging of, Bill.

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

With a Bill, intituled, An Act for the more effectual preventing the forging of Bank Notes or Bills, and for the preventing the obtaining a false Credit by the Imitation of Bank Notes or Bills; to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Ordered, That the said Bill be printed.

Causes put off.

Ordered, That the Hearing of the Cause, wherein Mary Frances Lincoln of the City of Dublin Widow is Appellant, and John Keogh is respondent, which Stands appointed for Monday next, be put* off to Friday next; and that the Rest of the Causes on CauseDays be removed in Course.

Spirituous Liquors, to retrain the retailing of, &c. Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, An Act for the more effectually retraining the retailing of Distilled, Spirituous Liquors; and for preventing the forging or counterfeiting any Stamp or Seal used for marking Silks, Callicoes, Linens, and Stuffs, to be printed, painted, stained, or dyed in Great Britain.

After some Time the House was resumed:

And the Lord Boston reported from the Committee, That they had gone through the Bill, and directed him to report the same to the House, without any Amendment.

Dogs, to prevent stealing of, Act to repeal, &c. Bill.

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

With a Bill, intituled, An Act to repeal an Act, made in the Tenth Year of the Reign of His present Majesty, intituled, An Act for preventing the stealing of Dogs, and for making other Provisions in Lieu thereof; to which they desire the Concurrence of this House.

The said Bill was read the First Time. Ordered, That the said Bill be printed.

East India Company, Regulation of Bill.

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

With a Bill, intituled, An Act for establishing certain Regulations for the better Management of the Affairs of the East India Company, as well in India as in Europe.

The said Bill was read the First Time.

Ordered, That the said Bill be printed.

Motion for a Conference with H. C. on it:

It was moved, That a Conference be desired with the Commons upon the Subject Matter of the Bill, intituled, An Act for establishing certain Regulations for the better Management of the Affairs of the East India Company as well in India as in Europe.

Which being objected to:

After long Debate:

The Question was put thereupon.

It was resolved in the Negative.

Motion for a Message to H. C. for Reports relative to East India Affairs, Witnesses, Charters, &c.

Then it was moved, That a Message be sent to the House of Commons, to desire that they will communicate to this House, the several Reports relative to the Affairs of the East India Company, which have been made to the House of Commons by the several Committees appointed by that House in this and the last Session of Parliament, for the Purpose of enquiring into the Nature, State, and Condition, of the East India Company, and of the British Affairs in the East Indies; together with a List of the Names of the Witnesses that have been examined by the said House. or any of the said Committees relative to the Affairs of the said Company; and of all Charters, Petitions, Accounts, Letters, and other Papers respecting the same, which have been produced to the said House, or any of the said Committees; and also Copies of all such Resolutions as the said House may have come to in anywise concerning the said Company; and all other Evidences, Facts, or Matters whatsoever upon which the said House has proceeded, as a Ground for passing the said Bill.

Which being objected to:

The Question was put thereupon.

It was resolved in the Negative.

Motion for a Message to H. C. for Copies of their Reports made on East India Affairs:

Then it was moved, That a Message be sent to the House of Commons, to desire that they will communicate to this House the several Reports relative to the Affairs of the East India Company, which have been made to the House of Commons by the several Committees appointed by that House in this and the last Session of Parliament, for the Purpose of enquiring into the Nature, State, and Condition of the East India Company, and of the British Affairs in the East Indies

Which being objected to, as contrary to Order:

Motion to adjourn.

It was moved, To adjourn to Monday next.

The same was agreed to, and ordered accordingly.

Protest.

DISSENTIENT.

1st. Because a Bill evidently taking away, without Consent or Compensation, several Rights and Privileges now enjoyed by a great Corporate Body, purchased for a valuable Consideration, and confirmed by the most solemn Sanctions of Parliamentary Faith, can be justified only by such Delinquency as incurs a Forfeiture of those Rights, or by such evident and urgent Necessity as admits of no Method confident with the Charter of the Company, for the immediate Preservation of those Objects for which the Corporation was formed. The Evidence therefore of such Delinquency, or such Necessity, depending essentially on Matters of Fact and Record, it is impossible for Peers to proceed on this Business in a proper Manner, while they are unfurnished with that Information, which it was our Duty to demand, and which it was the Disposition of the House to refuse.

2dly. Because the House of Commons had appointed Committees to examine into the State and Condition of the East India Company, and have from them received several Reports previous to the bringing in this Bill. A previous Course of the same Kind is equally necessary in this House; nor is it enough for Lords to be informed from common Conversation that other Men have done their Duty, as a Reason for neglecting ours. This House, nevertheless, (in Conformity to its late Method of Proceeding, but in direct Contradiction to the uniform Practice and Principle of better Times), has wholly declined to make any Enquiry into this important and delicate Subject; though such Enquiry had been strongly recommended from the Throne at the Opening of this Session. We conceive that those who advised that Speech were obliged, as well from Consistency as from Respect to the Crown, to have been early in moving a proper Enquiry; and not to have opposed it even when a Bill from the other House had, in common Decency, rendered it at Length indispensable. Not content with this Neglect of Duty, and Contempt of His Majestys Recommendation, a Conference with the Commons was also refused; by which, however imperfectly, the Inattention of the Peers might have been remedied by the Diligence of the other House: And when a Concession was made, that the Reports of the Committees of the House of Commons should be laid before us, on Condition of their not being read by the Clerk, this small Concession of imperfect Information was immediately withdrawn; and the House resolved to proceed altogether in the Dark. We cannot reflect, without the utmost Humiliation, on the total Revolution which has happened in the Sentiments and Conduct of this House, within so short a Time as since the Year 1720, when the Lords, in considering the Affairs of the South Sea Company, exerted the greatest Diligence through the Whole of a very long Session, in a strict Parliamentary Inquisition into Facts, before they thought themselves authorized to resort to an extraordinary Use of the Legislative Powers.

3dly. Because, we conceive that the Reason of Dispatch assigned for this Refusal of all Sorts of Information to be unworthy the legislative and the judicial Character of the House. We are persuaded that, invested as we are, with a publick Trust of the highest Importance, we ought, in all Cases, to postpone our Amusements to our Duties; and are bound to measure our Consideration of the Affairs before us, not by the Season of the Year, but by the Nature of the Business. In the Year 1720, the Lords had a Conference with the Commons, which began in July, and did not end till the 25th of that Month. If we once admit the advanced Period of the Session as a Reason of refusing to ourselves every Information required by the Case, the Commons have it in their Power to preclude the House from the Exercise of its deliberative Capacity; they have nothing more to do, than to keep Business of Importance until the Summer is advanced, and then the Delay in that House is to be assigned as a sufficient Ground for a precipitate Acquiescence in this. Our Predecessors in this House were so well aware of the Use which, in future Times, might be made of such a Practice of the Commons, and such an Argument drawn from it here, that they have expressly condemned both the Practice and Argument by our Standing Order, Die Martis, 5^o Maii 1668; which Standing Order we insert in this Protest, that it may appear, that in this obstinate Refusal of such an Enquiry as the Subject called for, the House has trespassed as much against its own Rules of Proceeding, as against the general Rights and Privileges of the People.

Upon Report, made by the Lord Chamberlain, from the Committee of the whole House, concerning the Bill, for railing Three hundred and ten thousand Pounds, by an Imposition on Wines, and other Liquors; that in regard the said Bill being very long, and consisting of many Paragraphs, came, from the House of Commons so near the Time of Adjournment, he was commanded to report it as the Opinion of the Committee, that it might be entered into the Journal Book of this House, that there be no such Argument hereafter used in this House, as was upon this Bill, (of Shortness of Time for the passing of Bills), to precipitate the Passing thereof, but that due Consideration may be had hereafter according to the Course of Parliaments. The Lords Spiritual and Temporal, in Parliament assembled, agreed with the Report made from the Committee, and ordered that this Order be added to the Roll of Standing Orders of this House.

4thly. Because we think, that having rejected the ancient, reasonable, and parliamentary Mode of Proceeding, the Maxim established in its Place is dangerous and irrational. We do constantly deny that what is commonly called Publick Notoriety (which is in Reality no better than common Rumoui) is, or can be a Ground for any Act which may conclusively impair, much less wholly take away, any One of the Rights of the Subject; such supposed Notoriety being frequently uncertain in its Foundation, generally under the Influence of violent Passions, and entirely destitute of that Accuracy which is necessary for ascertaining the Nature, Extent, or Tendency, of any Grievance, or consequently for furnishing any wife or adequate Methods of Redress.

Richmond.

Rockingham.

Fitzwilliam.

Portland.

Milton.

Devonshire.

Ponsonby.

Adjourn.

Dominus Cancellarius declaravit praesens Parliamentum continuandum esse usque ad et in diem Lun, decimum quartum diem instantis Junii, hora undecima Auror, Dominis sic decernentibus.

Die Lun, 14^o Junii 1773.

Domini tam Spirituales quam Temporales prsentes fuerunt:

PRAYERS.

Bread, to regulate the Assise of, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, An Act for better regulating the Assize and making of Bread.

After some Time the House was resumed:

And the Lord Boston reported from the Committee, That they had gone through the Bill, and directed him to report the same to the House, without any Amendment.

America, Bills of Credit in, Act to amend, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, An Act to explain and amend An Act, made in the Fourth Year of His present Majesty, intituled, An Act to prevent Paper Bills of Credit hereafter to be issued in any of His Majestys Colonies or Plantations in America, from being declared to be a legal Tender in Payments of Money; and to prevent the legal Tender of such Bills as are now subsisting, from being prolonged beyond the Periods limited for calling in and sinking the same.

After some Time the House was resumed:

And the Lord Boston reported from the Committee, That they had gone through the Bill, and directed him to report the same to the House, without any Amendment.

Plate, forging Stamps, &c. on, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, An Act for repealing so much of an Aa, of the Thirty-first Year of His late Majesty, as inflicts Capital Punishment for Frauds and Abuses in the marking or stamping of Gold or Silver Plate; and for inflicting another Punishment for the said Offence.

After some Time the House was resumed:

And the Lord Boston reported from the Committee That they had gone through the Bill, and directed him to report the same to the House, without any Amendment.

Spirituous Liquors, to restrain the tailing of, &c. Bill:

Hodie 3^a vice lecta est Billa, intituled, An Act for the more effectually restraining the retailing of distilled Spirituous Liquors; and for preventing the forging qr counterfeiting any Stamp or Seal used for marking Silks, Callicoes, Linens, and Stuffs, to be printed, painted, stained, or dyed, in Great Britain.

The Question was put, Whether this Bill shall pass ?

It was resolved in the Affirmative.

Message to H C. that the Lords have agreed to it.

A Message was sent to the House of Commons, by Mr. Anguish and Mr. Pechell:

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

Gowdall Enclosure, &c. Bill:

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

With a Bill, intituled, An Act for dividing, and enclosing the Open Arable Fields, Meadows, Pastures, and Commons or Waste Grounds, in the Township of Gowdall, in the Parish of Snaith, in the County of York; and for draining and preserving the same; to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Kings Consent signified to it.

The Lord Hyde, as Chancellor of the Duchy of Lancaster, acquainted the House, That His Majesty having been informed of the Contents of the said Bill, was pleased to consent (as far as His Majestys Interest is concerned) that their Lordships may proceed therein as they shall think fit.

Stockjobbing Bill.

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

With a Bill, intituled, An Act to explain, amend, and enforce, the several Laws now in being, for preventing the infamous Practice of Stockjobbing, and other Species of Gaming; to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Ordered, That the said Bill be printed.

East India Company, Regulation or, Bill.

Moved, That the Bill, intituled, An Act for establishing certain Regulations for the better Management of the Affairs of the East India Company, as well in India as in Europe, be read a Second Time To-morrow.

Which being objected to:

It was moved, That the Standing Order N^o 24, might be now read.

The same was accordingly read by the Clerk.

Then, after Debate,

The Question was put, Whether the said Bill shall be read a Second Time To-morrow ?

It was resolved in the Affirmative.

Ordered, That the said Bill be read a Second Time To-morrow; and that the Lords be summoned.

Motion for East India Companys Chatters to be laid before the House.

Then it was moved, That there be laid before this House, Copies of all the Charters granted to or vested in the East India Company.

Which being objected to:

It was moved, That the Entry in the Journal of the 23d of June 1767, ordering the East India Company to lay before the House, written or authentic Copies of all Charters granted them by His Majesty, or any of His Royal Predecessors, might be read:

The same was accordingly read by the Clerk.

Then, after Debate,

The Question was put, Whether all the Charters granted to or vested in the East India, Company, should be laid before the House?

It was resolved in the Negative.

Petition of East India Company against the Bill.

Upon reading the Petition of the United Company of Merchants of England trading to the East Indies; setting forth, That the Bill which has lately passed the House of Commons, and is now depending in this Honourable House, intituled, A Bill for establishing certain Regulations for the better Management of the Affairs of the East India Company, as well in India as in Europe, will, if passed into a Law, be subversive of the most essential Rights, Interests, and Credit, of the East India Company, by destroying, without the least Proof, or even Charge of any Delinquency whatsoever on the Part of the Petitioners, that Power of voting at their General Courts, which they have been possessed of both by Statute Law and Royal Charter for upwards of Seventy Years, by taking the Management of their Affairs out of their own Hands, and placing them where, contrary to Usage and Precedent, no Security for the Execution of so important a Trust is required; and by introducing a most immense and grievous Load of Expence upon the Petitioners: That, by the Mode of Government prescribed in this Bill, the Territorial Acquisitions and Revenues, which the Petitioners hold under different Tenures, and have obtained at so heavy an Expence, and at such imminent Risque to themselves, and from whence such great Advantages have been derived to the Publick, are taken from under their Management, without Distinction, and without affording the Petitioners an Opportunity, which they most earnestly have desired, of supporting the Validity of their several Claims in this Respect: That the Appointment of Officers by Parliament or the Crown, to the whole Civil and Military Authority in Bengal during the Term of Five Years, whilst the Directing Power over them (without Penalty for Disobedience of Orders) is pretended to be left in the East India Company, appears to be an Establishment of so extraordinary a Nature, that the utmost Confusion must necessarily result therefrom; neither can the Petitioners distinguish how their Commerce is now to be conducted, or by what Claims the Management of those Concerns can be assumed by Parliament; more especially as the Company, by their Petition to the House of Commons presented on the Third Day of May last, have requested, and do now request, a Decision of any Questions respecting the Territorial Acquisitions which can be supposed to give the smallest Ground for establishing so incongruous a System of Government: That the material Effects of preventing Oppressions in India, by establishing a respectable Court of Justice on the Spot, must be deseated by this Bill, since the Persons who may be supposed to commit such Oppressions, are exempted from the Jurisdiction of the Court, and consequently left without Restraint, as it is evident that any Hopes of Relief from the Courts in England must prove visionary respecting the Natives: That the most essential Provision of all others to prevent Oppressions, which was recommended by the East India Company, namely, that of the Habeas Corpus, whereby Men may know of what Crime they are accused, and by whom they are imprisoned, is omitted; by which Means all the Tyranny of a double Government, without Responsibility any where, is entailed on the Inhabitants: That the said Bill is otherwise defective and insufficient to many of the Purposes for which it is avowed to be framed; and therefore praying, That they may be heard by themselves, or their Counsel, against the said Bill; and that the same may not pass into a Law:

It is Ordered, That the said Petition do lie on the Table.

Adjourn.

Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad et in diem Martis, decimum quintum diem instantis Junii, hora undecima Auror, Dominis sic decernentibus.

Die Martis, 15^o Junii 1773.

Domini tam Spirituales quam Temporales prsentes fuerunt:

PRAYERS.

Salt against Doe, Writ of Error:

Whereas this Day was appointed for hearing Counsel to argue the Errors assigned upon the Writ of Error brought into this House on the 27th Day of May 1773, wherein Samuel Salt Yeoman is Plaintiff, and John Doe is Defendant, in order to reverse a Judgement given in the Court of Kings Bench for the Defendant in Error, Counsel appearing for the said Dei fendant, but no Counsel for the Plaintiff in Error (who made Default):

Judgement affirmed with Costs.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the Judgement given in the Court of Kings Bench be, and the same is hereby affirmed; and that the Record be remitted to the End Execution may be had thereupon, as if no such Writ of Error had been brought into this House: And it is further Ordered, That the Plaintiff in Error do pay, or cause to be paid, to the said Defendant, the Sum of One hundred Pounds for his costs sustained by Reason of bringing the said Writ of Error:

The Tenor of which Judgement to be affixed to the Transcript of the Record is as follows; (videlicet),

But because the said Court of Parliament now here is not yet advised what Judgement to give of and upon the Premises, Day is therefore given to the Parties aforesaid, before the same Court of Parliament wheresoever, &c. until Tuesday the Fifteenth Day of June, to hear their Judgement of and upon the Premises, because the said Court of Parliament now here is not yet advised thereof, &c. at which Day, before the same Court of Parliament aforesaid, at Westminster in the said County of Middlesex, come the Parties aforesaid in their proper Persons; whereupon all and singular the Premises being seen by the said Court now here fully understood, and the said Court having diligently examined and inspected, as well the Record and Proceedings aforesaid, as the Causes and Matters aforesaid, by the said Samuel Salt above assigned for Error, and mature Deliberation being thereupon had, it appears to the same Court of Parliament now here, That there is no Error either in the Record or Proceedings aforesaid, and that the same is in no ways vicious or defective; therefore it is considered, by the same Court of Parliament aforesaid, that the said Judgement be in all Things affirmed, and stand in its full Force and Effect, the said Causes and Matters by the said Samuel above assigned for Error in anywise notwithstanding: It is also further considered by the same Court of Parliament aforesaid now here, That the aforesaid John Doe recover against the said Samuel, One hundred Pounds to the, said John, with his Assent by the same Court of Parliament aforesaid, according to the Form of the Statute in that Case made and provided, adjudged for his Damages, Costs, and Charges, which he hath sustained by Occasion of the Delay of the Execution of the Judgement aforesaid, by pretext of prosecuting the said Writ of Error; and thereupon the Record aforesaid, and also the Process in, the Premises, in the same Court of Parliament, are remitted to the Court of Our Lord the King, before the King himself, wheresoever, &c.; to the End that Execution may be done thereupon, &c.

Madhouses, Regulation of, Bill.

The Order of the Day being read, for receiving the Report of the Amendments, made by the Committee of the whole House, to the Bill, intituled, An Act for regulating Private Madhouses.

Ordered, That the said Report be received en this Day Sevennight.

America, Bills of Credit in, Act to amend, Bill.

Hodie 3^a vice lecta est Billa, intituled, An Act to explain and amend an Act, made in the Fourth Year of His present Majesty, intituled, An Act to prevent Paper Bills of Credit hereafter to be issued in any of His Majestys Colonies or Plantations in America, from being declared to be a legal Tender in Payments of Money; and to prevent the legal Tender of such Bills as are now subsisting, from being prolonged beyond the Periods limited for calling in and sinking the same.

The Question was put, Whether this Bill shall pass?

It was resolved in the Affirmative.

Bread, to regulate the Assize of, Bill.

Hodie 3^a vice lecta est Billa, intituled, An Act for better regulating the Assize and making of Bread.

The Question was put, Whether this Bill shall pass ?

It was resolved in the Affirmative.

Plate, forging Stamps on, &c. Bill:

Hodie 3^a vice lecta est Billa, intituled, An Act for repealing so much of an Act of the Thirty-first Year of His late Majesty, as inflicts Capital Punishment for Frauds and Abuses in the marking or stamping of Gold or Silver Plate; and for inflicting another Punishment for the said Offence.

The Question was put, Whether this Bill shall pass?

It was resolved in the Affirmative.

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

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

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

Gowdall Enclosure, &c. Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for dividing and enclosing the Open Arable Fields, Meadows, Pastures, and Commons or Waste Grounds, in the Township of Gowdall, in the Parish of Snaith, in the County of York; and for draining and preserving the same.

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

Their Lordships, or any Five of them, to meet on Thursday next, at Ten oClock in the Forenoon, in the Princes Lodgings, near the House of Peers; and to adjourn as they please.

Bank Notes, forging of Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for the more effectual preventing the forging of Bank Notes or Bills, and for the preventing the obtaining a false Credit by the Imitation of Bank Notes or Bills.

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

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

Dogs, to prevent Stealing of, Act to repeal, &c. Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act to repeal an Act, made in the Tenth Year of the Reign of His present Majesty, intituled, An Act for preventing the Stealing of Dogs, and for making other Provisions in Lieu thereof.

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

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

The House was adjourned during Pleasure.

The House was resumed.

Game Act to repeal, &c. Bill.

Hodie 1^a vice lecta est Billa, intituled, An Act to repeal an Act, made in the Tenth Year of the Reign of His present Majesty, intituled, An Act for the better Preservation of the Game within that Part of Great Britain called England, and for making other Provisions in Lieu thereof.

Ordered, That the said Bill be printed.

East India Company, Regulation of, Bill.

The Order of the Day being read for the Second Reading of the Bill, intituled, An Act for establishing certain Regulations for the better Management of the Affairs of the East India Company as well in India as in Europe; and for the Lords to be summoned:

The said Bill was accordingly read a Second Time.

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

Ordered, That the House be put into a Committee upon the said Bill on Thursday next; and that the Lords be summoned.

Ordered, That the United Company of Merchants of England trading to the East Indies, be heard by their Counsel against the said Bill on Thursday next; and that the Counsel be called in precisely at One oClock.

Adjourn.

Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad et in diem Mercurii; decimum sextum diem instantis Junii, hora undecima Auror, Dominis sic decernentibus.

DIE Mercurii, 16^o Junii 1773.

Domini tam Spirituales quam Temporales praesentes fuerunt:

PRAYERS.

Richmond, Surrey, Budge Bill.

A Message was brought from the House of Commons, by Sir Francis Vincent and others:

With a Bill, intituled, An Act for building a Bridge across the River of Thames from Richmond, in the County of Surrey, to the opposite Shore in the County of Middlesex; and to enable His Majesty to grant the Inheritance of the Ferry at Richmond to certain Persons therein mentioned; to which they desire the Concurrence of this House.

Causes put off.

Ordered, That the Hearing of the Cause wherein Mary Frances Lincoln of the City of Dublin Widow is Appellant, and John Keogh is Respondent, which stands appointed for Friday next, be put off to Wednesday next, and that the Rest of the Causes be removed in Course.

Rybot against Moses:

Upon reading the Petition of Jacob Moses, Assignee of John Wilkes Esquire, and Frederick Bull Esquire, Sheriff of the County of Middlesex, Defendant in a Writ of Error depending in this House, wherein Francis Rybot is Plaintiff; setting forth, That the Plaintiff has not assigned Errors within the Time ordered by the House; and therefore praying, That the said Writ of Error may be nonprosd, with such Costs as to their Lordships shall seem meet:

Writ of Error nonpross d.

It is Ordered, That the Petitioners 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 Plaintiff in Error do pay, or cause to be paid, to the Defendant in Error, the Sum of Twenty Pounds for his Costs, by Reason of the Delay of the Execution of the said Judgement.

Adjourn.

Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad et in diem Jovis, decimum septimum diem instantis Junii, hora undecima Auror, Dominis sic decernentibus.

Die Jovis, 17^o Junii 1773.

Domini tam Spirituales quam Temporales prsentes fuerunt:

PRAYERS.

Richmond, Surrey, Bridge Bill.

Hodie 1^a vice lecta est Billa, intituled, An Act for building a Bridge across the River of Thames from Richmond, in the County of Surrey, to the opposite Shore in the County of Middlesex; and to enable His Majesty to grant the Inheritance of the Ferry at Richmond to certain Persons therein mentioned.

Adams to dispose of Buildings by Way of Chance, Bill.

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

With a Bill, intituled, An Act for enabling John, Robert, James, and William Adam, to dispose of several Houses and Buildings in the Parish of Saint Martin in the Fields and Saint Mary le Bon, in the County of Middlesex, and other their Effects, by Way of Chance, in such Manner as may be most for the Benefit of themselves and Creditors; to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Stockjobbing Bill.

Ordered, That the Bill, intituled, An Act to explain, amend, and enforce the several Laws now in being for preventing the infamous Practice of Stockjobbing, and other Species of Gaming, be read a Second Time on Tuesday next.

Game Act, to repeal, &c. Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act to repeal an Act, made in the Tenth Year of the Reign of His present Majesty, intituled, An Act for the better Preservation of the Game, within that Part of Great Britain called England; and for making other Provisions in Lieu thereof.

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

Ordered, That the House be put into a Committee upon the said Bill To-morrow.

Bastard Children Bill.

The Order of the Day being read for the House to be in a Committee upon the Bill, intituled, An Act to prevent the Concealment of the Deaths of Bastard Children; and to repeal an Act, passed in the Twenty-first Year of the Reign of King James the First, intituled, An Act to prevent the destroying and murdering of Bastard Children.

Ordered, That the House be put into a Committee upon the said Bill on Friday the 25th Day of this instant June.

Wades &c. Cultivation et. Bill.

The Order of the Day being read for the House to be in a Committee upon the Bill, intituled, An Act for the better Cultivation, Improvement, and Regulation of the Common Arable Fields, Wastes, and Commons of Pasture, in this Kingdom.

Ordered, That the House be put into a Committee upon the said Bill on Friday the 25th Day of this instant June.

The House was adjourned during Pleasure.

The House was resumed.

Past India Company, Regulation of, Bill.

The Order of the Day being read for hearing Counsel upon the Petition of the United Company of Merchants trading to the East Indies, against the Bill, intituled, An Act for establishing certain Regulations for the better Management of the Affairs of the East India Company as well in India as in Europe.

Counsel were accordingly called in.

The Petition of the East India Company against the said Bill read.

Mr. Mansfield was heard for the Petitioners against the Bill.

Mr. Adair also heard for the Petitioners against the Bill.

The Counsel were directed to withdraw.

Then the Order of the Day being read for the House to be put into a Committee upon the said Bill, and for the Lords to be summoned:

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

After some Time the House was resumed:

And the Lord Viscount Wentworth reported, That they had made a Progress in the Bill, and desired that another Time might be appointed for the Committee to sit again.

Ordered, That the House be again put into a Committee upon the said Bill To-morrow, and that the Lords be summoned.

Adjourn.

Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad et in diem Veneris, decimum octavum diem instantis Junii, hora undecima Auror, Dominis sic decernentibus.

Die Veneris, 18^o Junii 1773.

Domini tam Spirituales quam Temporales prsentes fuerunt.

PRAYERS.

Game Act, to repeal, &c. Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, An Act to repeal an Act, made in the Tenth Year of the Reign of His present Majesty, intituled, An Act for the better Preservation of the Game within that Part of Great Britain called England, and for making other Provisions in Lieu thereof.

After some Time the House was resumed:

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

Ordered, That the said Report be received Tomorrow.

Dogs, to prevent Healing of, Act to repeal, &c. Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, An Act to repeal an Act, made in the Tenth Year of the Reign of His present Majesty, intituled, An Act for preventing the Stealing of Dogs, and for making other Provisions in Lieu thereof.

After some Time the House was resumed:

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

Ordered, That the said Report be received To-morrow.

Bank Notes, forging of to prevent, Bill.

The Order of the Day being read for the House to be put into a Committee upon the Bill, intituled, An Act for the more effectual preventing the forging of Bank Notes or Bills, and for the preventing the obtaining a false Credit by the Imitation of Bank Notes or Bills.

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

Adims to dispose of Buildings by Way of Chance, Bill.

Hodie 2^a vice letla est Billa, intituled, An Act for enabling John, Robert, James, and William Adam, to dispose of several Houses and Buildings in the Parishes of Saint Martin in the Fields and Saint Mary le Bon, in the County of Middlesex, and other their Effects, by Way of Chance, in such Manner as may be most for the Benefit of themselves and Creditors.

Proposed To commit this Bill.

Which being objected to:

After Debate,

The Question was put thereupon.

It was resolved in the Affirmative.

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

Then it was proposed, That this Committee do meet to consider of this Bill on this Day Three Months.

Which being objected to;

The Question was put thereupon.

It was resolved in the Negative.

Ordered, That their Lordships, or any Five of them, do meet to consider the said Bill on Tuesday next:

Ordered, That all the Lords who have been present this Session be of the said Committee.

Hares, Preservation of, Bill.

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

With a Bill, intituled, An Act for the better Preservation of the Game, by limiting the Time for killing and destroying of Hares; to which they desire the Concurrence of this House.

Foreign printed Paper, &c. additional Duty on, Bill.

A Message was brought from the House of Commons, by Sir Charles Whitworth and others:

With a Bill, intituled, An Act for laying an additional Duty on Paper printed, painted, or stained, in foreign Parts, imported into this Kingdom; to which they desire the Concurrence of this House.

Lying-in Hospitals, Regulation of, Bill.

A Message was brought from the House of Commons, by Mr. Mackworth and others;

With a Bill, intituled, An Act for the better Regulation of Lying-in Hospitals, and other Place appropriated for the charitable Reception of pregnant Women; and also to provide for the Settlement of Ballard Children born in such Hospitals and Places; to which they desire the Concurrence of this House.

Hares, Preservation of, Bill.

Hodie 1^a vice lecta est Bilk, intituled, An Act for the better Preservation of the Game, by limiting the Time for killing and destroying of Hares.

Moved, That this Bill be read a Second Time on this Day Two Months.

Which being objected to;

The Question was put thereupon.

It was resolved in the Affirmative.

Ordered, That the said Bill be read a Second Time on this Day Two Months.

General Turnpike Roads Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act to explain, amend, and reduce into One Act of Parliament, the General Laws now in being for regulating the Turnpike Roads in that Part of Great Britain called England; and for other Purposes.

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

Ordered, That the House be put into a Committee upon the said Bill on Monday the 28th Day of this instant June.

Publick Highways Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act to explain, amend, and reduce into One Act of Parliament, the Statutes now in being, for the Amendment and Preservation of the Publick Highways within that Part of Great Britain called England> and for other Purposes.

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

Ordered, That the House be put into a Committee upon the said Bill on Monday the 28th Day of this instant June.

East India Company, Regulation of Bill.

The Order of the Day being read for the House to be again in a Committee upon the Bill, intituled, An Act for establishing certain Regulations for the better Management of the Affairs of the East India Company as well in India as in Europe; and for the Lords to be summoned:

The House was accordingly adjourned during Pleasure, and put into a Committee again on the said Bill.

After some Time the House was resumed:

And the Lord Viscount Wentworth reported from the Committee, That they had gone through the Bill, and directed him to report the same to the House, without any Amendment.

Ordered, That the said Bill be read the Third Time To-morrow, and that the Lords be summoned.

Adjourn.

Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad et in diem Sabbati, decimum nonum diem instantis Junii, hora undecima Auror, Dominis lie decernentibus.

Die Sabbati, 19^o Junii 1573.

Domini tam Spirituales quam Temporales prsentes fuerunt:

PRAYERS.

Sir Robert Staples et al. against Maurice.

A Petition of Sir Robert Staples and others, Appellants in a Cause depending in this House, wherein Mary Margaretta Maurice is Respondent, which Stands appointed for hearing, was presented and read; setting forth, That from the Number of Appeals which stood on their Lordships Paper of Causes before this Appeal, the Petitioners did not expect the same would come bri for hearing this Session; but many of the Causes being withdrawn, or put off to the next Session of Parliament, this Appeal, by such Means, is brought forward for hearing before the Petitioners are fully prepared for hearing the same; and therefore praying their Lordships, That the Hearing of the said Appeal may be put off to the next Session of Parliament.

And thereupon the Agents on both Sides were called in, and heard at the Bar:

And being withdrawn:

Ordered, That the Hearing of the said Cause be put off to the next Session of Parliament, as desired.

Foreign printed Paper, &c. additional Duty on, Bill.

Hodie 1^a vice lecta est Billa, intituled, An Act for laying an additional Duty on Paper printed, painted, or stained, in foreign Parts, imported into this Kingdom.

Game Act, to repeal, &c. Bill.

The Lord Viscount Wentworth (according to Order) reported the Amendments made by the Committee of the Whole House to the Bill, intituled, An Act to repeal an Act, made in the Tenth Year of the Reign of His present Majesty, intituled, An Act for the better Preservation of the Game within that Part of Great Britain called England; and for making other Provisions in lieu thereof.

The said Amendments were read by the Clerk, as follow:

Pr. 10. L. 9. After [within] leave out [One], and insert [Four].

L. 10. Leave out [Month] and insert [Months].

And the said Amendments, being read a Second Time were, severally, agreed to by the House.

Dogs, to prevent Sealing of, Act to repeal, &c. Bill.

The Order of the Day being read for receiving the Report of the Amendments made by the Committee of the whole House to the Bill, intituled, An Act to repeal an Act, made in the Tenth Year of the Reign of His present Majesty, intituled, An Act for preventing the Stealing of Dogs; and for making other Provisions in Lieu thereof.

Ordered, That the said Report be received on this Day Month.

Lying-in Hospitals, Regulation of, Bill.

Hodie 1^a vice letla est Billa, intituled, An Act for the better Regulation of Lying-in Hospitals, and other Places appropriated for the charitable Reception of pregnant Women; and also to provide for the Settlement of Bastard Children born in such Hospitals and Places.

Moved, That the said Bill be read a Second Time on this Day Month.

Which being objected to;

After short Debate:

The Question was put thereupon.

It was resolved in the Negative.

Ordered, That the said Bill be read a Second Time on Thursday next.

Game Act, to repeal, &c. Bill.

Hodie 3^a vice lecta est Billa, intituled, An Act to repeal an Act, made in the Tenth Year of the Reign of His present Majesty, intituled, An Act for the better Preservation of the Game, within that Part of Great Britain called England, and for making other Provisions in Lieu thereof.

The Question was put, Whether this Bill, with the Amendments, shall pass?

It was resolved in the Affirmative.

Message to H. C. with Amendments to it.

A Message was sent to the House of Commons, by Mr. Cuddon and Mr. Montagu:

To return the said Bill, and acquaint them, That the Lords have agreed to the same, with some Amendments; to which their Lordships desire their Concurrence.

Culm, Exportation of, to Lisbon, &c. Bill.

A Message was brought from the House of Commons, by Sir Charles Whitworth and others:

With a Bill, intituled, An Act to continue an Act, made in the Thirty-first Year of the Reign of His late Majesty King George the Second, intituled, An Act for the Encouragement of the Exportation of Culm to Lisbon, in the Kingdom of Portugal; and for charging a higher Duty upon Culm exported thither in Foreign Shipping; to which they desire the Concurrence of this House.

Labrador Fishery Bill.

A Message was brought from the House of Commons, by Sir Charles Whitworth and others:

With a Bill, intituled, An Act to permit the free Importation? of Codfish, Ling, and Hake, caught and cured in Chaleur Bay, or any other Part of the Gulph of Saint Laurence, or on the Coast of Labrador; to which they desire the Concurrence of this House.

Ships, to ascertain the Tonnage and Burthens of, &c. Bill.

A Message was brought from the House of Commons, by Sir Charles Whitworth and others:

With a Bill, intituled, An Act for the better ascertaining the Tonnage and Burthen of Ships and Vessels importing and exporting Goods into and from this Kingdom, or hovering upon the Coasts thereof; for amending so much of an Act, made in the last Session of Parliament, for lowering the Duty payable upon the Importation of Oak Bark, as relates to the suing for the Penalties and Forfeitures thereby inflicted in the Court of Exchequer in Scotland; for appropriating the Duty on Oak Bark, granted by the said Act; and for obviating Doubts which have arisen with respect to the allowing the Drawback upon certain Callicoes, and the Bounty upon British-made Cordage exported to the Islands of Madeira, the Canary Islands, and the Azores or Western Islands; to which they desire the Concurrence of this House.

Newspaper, Stamp Duty on, Bill.

A Message was brought from the House of Commons, by Sir Charles Whitworth and others:

With a Bill, intituled, An Act for explaining Two Acts, made in the Eleventh Year of the Reign of King George the First, and the Thirtieth Year of the Reign of His late Majesty, in relation to the Stamp Duties upon, Newspapers; to which they desire the Concurrence of this House.

Salt, Importation of, to Quebec, Bill.

A Message was brought from the House of Commons, by Sir Charles Whitworth and others:

With a Bill, intituled, An Act for further continuing an Act, made in the Fourth Year of the Reign of His present Majesty, for importing Salt from Europe into the Province of Quebec in America, for a limited Time; to which they desire the Concurrence of this House.

Jamaica and Dominica free Ports, &c. Bill.

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

With a Bill, intituled, An Act to continue and amend an Act, made in the Sixth Year of the Reign of His present Majesty, intituled, An Act for opening and establishing certain Ports in the Islands of Jamaica and Dominica, for the more free Importation and Exportation of certain Goods and Merchandizes; for granting certain Duties to defray the Expences of opening, maintaining, securing, and improving, such Ports; for ascertaining the Duties to be paid upon the Importation of Goods from the said Island of Dominica into, this Kingdom; and for securing the Duties upon Goods imported from the said Island into any other British Colony; and for allowing Timber and Wood to be exported from the said Island of Dominica into any other of the British Islands, Colonies, or Plantations, in America, for a limited Time; to which they desire the Concurrence of this House.

East India Loan, Bill.

A Message was brought from the House of Commons, by Sir Charles Whitworth and others:

With a Bill, intituled, An Act for granting to His Majesty a Sum of Money to be raised by Exchequer Bills, and to be advanced and applied in the Manner and upon the Terms therein mentioned, for the Relief of the United Company of Merchants of England trading to the East Indies; to which they desire the Concurrence of this House.

Silk Manufacture, Bill.

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

With a Bill, intituled, An Act to empower the Magistrates therein mentioned to settle and regulate the Wages of Persons employed in the. Silk Manufacture, within their respective Jurisdictions; to which they desire the Concurrence of this House:

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

East India Company, Regulation of, Bill:

The Order of the Day being read, for the Third Reading of the Bill, intituled, An Act for establishing certain Regulations for the better Management of the Affairs of the East India Company, as well in India as in Europe; and for the Lords to be summoned:

The said Bill was accordingly read the Third Time.

Moved, That the Bill do pass.

Which being objected to;

After long Debate;

The Question was put, Whether this Bill shall pass?

It was resolved in the Affirmative.

Protest on passing it:

DISSENTIENT.

1st. Because the Preamble to this Bill, Hating Defeats in the Powers of the East India Company, Abuses in its Administration, and Injuries to Publick and Commercial Credit, ought to have been supported by Evidence adapted to the Nature of the several Matters alledged: But the Production of Charters has been refused by the House; no Witnesses have been called to ascertain the Existence or Quality of the supposed Abuses; no Enquiry has been made into the Condition of Publick Credit; and no State of the Companys Commercial Affairs has ever been laid before us:

2dly. Because, if the Defects in the Charters, and Abuses in the Administration of the Company, exist in the Manner stated in the Preamble, no effectual Provision is made in the enacting Part of the Bill for supplying the one or reforming the other. On the contrary, the utmost Distraction is introduced into the whole Oeconomy of their Affairs. The Nomination to the subordinate Presidencies and inferior Offices in India is left to the Company; but a superior Presidency is appointed by Parliament to govern those inferior Officers. The superior Presidency is to receive Orders from the Court of Directors; but it is left to the private Will of the King how far these Orders mail be obeyed: The Presidency is appointed to make Ordinances and Regulations; but neither Directors nor Company are to determine on their Validity: The King alone is to allow or disallow those Acts, as he mall choose to signify His Pleasure under His Sign Manual. This Mode. of vesting ultimately the whole Management of the Companys weighty political Affairs, their vast Revenues, and their extensive Commerce, in the Kings private Discretion, without any Provision in the Bill for the Intervention of any Publick Body, (either the East India Company, or the Privy Council), or any responsible publick Minister, is, we insist, not only an high and dangerous Violation of the yet unquestioned Charters of the Company, but a total Subversion of all the Principles of the Law and Constitution of this Kingdom:

3dly. Because the Election of executive Officers in Parliament is plainly unconstitutional, and an Example of the most pernicious Kind, productive of Intrigue and Faction, and calculated for extending a corrupt Influence in the Crown. It frees Ministers from Responsibility, whilst it leaves them all the Effect of Patronage. It defeats the wife Design of the Constitution, which placed the Nomination of all Officers, either immediately or derivatively, in the Crown; whilst it committed the Check upon improper Nominations to Parliament. But this Bill, by counfounding those Powers which the Constitution meant to keep separate, has destroyed this Controul, along with every wife Provision of the Laws to prevent Abuses either in the Nomination to, or Exercise of Office.

4thly. Because this Usurpation of the Companys Rights in appointing the Servants is loaded with the additional Injustice of a compulsory Payment of Salaries, arbitrarily fixed and chargeable upon the Companys Revenues, without their Consent:

5thly Because the Violation of the Charter is not justified by the Importance of the Provisions of this Bill, which operates only to transfer Patronage without conferring new Powers: It being expressly provided by the Bill, that these Powers should be the same as were formerly exercised by the Companys Servants under the Companys Authority. Neither is any Advantage gained with regard to the particular Officers named in this Bill. The Person first in Rank and Importance in the new Parliamentary Presidency, being the very same now at the Head of the Companys Presidency in Bengal. We mean to reflect neither upon that Gentleman nor on any other appointed, who (for any Thing we know to the contrary) may be Men of competent Ability and good Character; bur we think ourselves bound to declare against the manifest Contradiction and Absurdity of this Bill, which stating Abuses as now existing in India, for the Ground of its Regulations, yet appoints the very Persons to preside there, who, if the Allegations in the Bill be true, must be concerned, either by Neglect or actual Commission, in all the Abuses complained of:

6thly. Because the appointing Judges by the Nomination of the Crown with large Salaries, payable out of the Companys Revenue, without the Companys Consent either to the Appointment or the Payment, is an Act of flagrant Injustice, and an Outrage on all the Rights of Property. No Necessity can be pleaded, in Favour of this Violence, as the Company did last Year voluntarily propose a Nomination of Judges, with far better Provisions for securing a proper Appointment than any contained in this Bill:

7thly Because the Clause of this Bill which deprives of all Share in the Management of their own Property all Proprietors not possessed of 1,000 Capital Stock, disfranchising, without the Assignment of any Delinquency or Abuse, no less than 1,246 Persons legally qualified, is an heinous Act of Injustice, Oppression, and Absurdity, and a gross Perversion of the high Powers entrusted to Legislature. The Part of the Charter which regulates the Right of Voting, was made to establish exclusively that Class of Voters which this Act has destroyed. The Charter knows of no Right of Voting but the Possession of . 500 Capital Stock. It excludes all Title to superior Influence from superior Property. The several Laws to prevent the splitting of Stock are all in Affirmance of this Principle, and made to secure this Voter. But, by a System of Contradiction, that except in this Bill, has no Example, the very Grievance of splitting of Stock, by which the Proprietor under . 1,000 has been injured, is assigned as the sole Ground for depriving him of his Franchise. This lower Proprietor could not possibly have been guilty of this Offence; and yet he is punished; and the large Stockholder, who alone could be guilty of the splitting, is indulged with new Privileges, in Contradiction to the Spirit of that Charter which he is supposed to have violated:

8thly. Because the lengthening the Continuance of the Direction, while the Body of the Proprietors is disfranchised, and the making the Directors dependant on the private Will of the King; for the Exertion of the little Authority lest to them in India by this Act, tends to pervert all the Powers of that great Body into mere Instruments of the Court; and to extend Influence of the word Kind, in the worst Manner in which it can be exerted:

9thly. Because the great Principle upon which the Bill has been supported, will not only in this, but in all Cases, justify every Infringement of the National Faith, and render Parliamentary Sanction the worst of all Securities. We never can admit;, that a mere Speculation of political. Improvement can justify Parliament in taking away Rights, which it has expressly covenanted to preserve; especially when it has received a valuable Consideration for the Franchises so stipulated. Nor are Grants of Parliament, under these Circumstances, to be considered as gratuitous Donations, resumable merely at the Pleasure of the Giver; but Matters of binding Contract, forfeitable only on such Delinquency or Necessity as is implied in the Nature of every other Bargain. With such Matters before us that require the best, we are denied all Kind of Information. A Bill, the Object of which has taken the Commons near Eight Months to consider, is precipitated through this House in little more than Eight Days, without any Attention to Parliamentary Usage or Decorum; as if the Lords were the lowest of Ministerial Tools, who are not to be indulged, even with an Appearance of Discussion concerning the Mandates they receive. In this Situation, we feel the Honour of the Peerage tarnished, and its Dignity degraded. If the Provisions and Precedent of this Bill should not render the Publick Faith of Great Britain of no Estimation; the Franchises, Rights, and Properties, of Englishmen precarious, and the Peerage distinguishable only by a more than common Measure of Indolence and Servility; if the boundless Fund of Corruption furnished by this Bill to the Servants of the Crown should efface every Idea of Honour, Publick Spirit, and Independence, from every Rank of People; after struggling vainly against these Evils, we have nothing left but the Satisfaction of recording our Names to Posterity as those who resisted the Whole of this iniquitous System; and as Men who had no Share in betraying to blind Prejudice or sordid Interest, every Thing that has hitherto been held sacred in this Country.

Abingdon.

Torrington.

Boyle.

Grosvenor.

Devonshire.

Ponsonby.

Portland.

King.

Milton.

Richmond.

Archer.

Rockingham.

Fitzwilliam.

Message to H. C. that the Lords have agreed to it.

A Menage was sent to the House of Commons, by the former Messengers:

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

Adjourn.

Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad et in diem Lun, vicesimum primum diem instantis Junii, hora undecima Auror, Dorainis sic decernentibus.