House of Lords Journal Volume 35
June 1778

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History of Parliament Trust

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Year published

1767-1830

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510-514

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'House of Lords Journal Volume 35: June 1778', Journal of the House of Lords volume 35: 1776-1779 (1767-1830), pp. 510-514. URL: http://www.british-history.ac.uk/report.aspx?compid=116620 Date accessed: 31 October 2014.


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June 1778

DIE Lunæ, 1o Junii 1778.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Archiep. Cantuar.
Archiep. Ebor.
Epus. Eliens.
Epus. Cicestrien.
Epus. Bath. & Wells.
Epus. Carliol.
Epus. Wigorn.
Dux Gloucester.
Comes Bathurst, Cancellarius.
Dux Bolton.
Dux Chandos.
March. Rockingham.
Comes Denbigh.
Comes Abercorn.
Comes Loudoun.
Comes Oxford.
Comes Bristol.
Comes Clarendon.
Viscount Montague.
Viscount Stormont.
Ds. Sandys.
Ds. Wycombe.
Ds. Boston.
Ds. Beaulieu.
Ds. Camden.
Ds. Cardiff.
Ds. Foley.

PRAYERS.

E. Chatham's Annuity Bill.

The Order of the Day being read for the Second reading of the Bill, intituled, "An Act for settling and securing a certain Annuity on the Earl of Chatham, and the Heirs of the Body of the late William Pitt Earl of Chatham, to whom the Earldom of Chatham shall descend, in Consideration of the eminent Services performed by the said late Earl to His Majesty and the Public;"

The said Bill was accordingly read a Second Time.

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

Papists Relief Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for relieving His Majesty's Subjects professing the Popish Religion, from certain Penalties and Disabilities imposed on them, by an Act made in the Eleventh and Twelfth Years of the Reign of King William the Third, intituled, "An Act for the further preventing the Growth of Popery."

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

It was resolved in the Affirmative.

Militia Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act to amend and render more effectual the Laws relating to the raising and training the Militia within that Part of Great Britain called England; and to establish certain Regulations with respect to Officers serving in the Corps of Fencible Men, directed to be raised in that Part of Great Britain called Scotland, and certain other Corps therein mentioned."

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

It was resolved in the Affirmative.

Messages to H. C. with Amendments to the Two preceding Bills.

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

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

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, secundum diem instantis Junii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Martis, 2o Junii 1778.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Archiep. Cantuar.
Archiep. Ebor.
Epus. Eliens.
Epus. Cicestrien.
Epus. Bath. & Wells.
Epus. Asaphen.
Epus. Carliol.
Epus. Wigorn.
Epus. Banger.
Epus. Cestrien.
Dux Gloucester.
Comes Bathurst, Cancellarius.
Comes Gower, Præses.
Comes Dartmouth, C.P.S.
Dux Richmond.
Dux Bolton.
Dux Ancaster, Magnus Camerarius.
Dux Portland.
Dux Manchester.
Dux Chandos.
Dux Northumberland.
March. Rockingham.
Comes Hertford, Camerarius.
Comes Derby.
Comes Denbigh.
Comes Stamford.
Comes Sandwich.
Comes Abingdon.
Comes Scarbrough.
Comes Rochford.
Comes Cholmondeley.
Comes Eglintoun.
Comes Abercorn.
Comes Galloway.
Comes Loudoun.
Comes Aberdeen.
Comes March.
Comes Rosebery.
Comes Oxford.
Comes Tankerville.
Comes Bristol.
Comes Waldegrave.
Comes Asbburnham.
Comes Effingham.
Comes Powis.
Comes Harcourt.
Comes Northington.
Comes Radnor.
Comes Spencer.
Comes Hillsborough.
Comes Clarendon.
Comes Mansfield.
Viscount Hereford.
Viscount Montague.
Viscount Say & Sele.
Viscount Weymouth.
Viscount Stormont.
Viscount Bolingbroke.
Viscount Falmouth.
Ds. Le Despencer.
Ds. Abergavenny.
Ds. De Ferrars.
Ds. Willoughby Br.
Ds. Paget.
Ds. Clifton.
Ds. Cadogan.
Ds. King.
Ds. Godolphin.
Ds. Edgcumbe.
Ds. Sandys.
Ds. Fortescue.
Ds. Ravensworth.
Ds. Ponsonby.
Ds. Walpole.
Ds. Lyttelton.
Ds. Wycombe.
Ds. Grosvenor.
Ds. Boston.
Ds. Pelham.
Ds. Beaulieu.
Ds. Camden.
Ds. Digby.
Ds. Cardiff.
Ds. Amherst.
Ds. Brownlow.
Ds. Harrowby.
Ds. Foley.

PRAYERS.

Stacpoole against Davoren.

Upon reading the Petition and Appeal of George Stacpoole of Doonbeg, in the County of Clare and Kingdom of Ireland, Esquire; complaining of a Decree or Decretal Order of the Court of Exchequer in Ireland, of the 7th of May 1778, and praying, "That the same may be reversed, 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 James Davoren Esquire, may be required to answer the said Appeal:"

It is Ordered, That the said James Davoren may have a Copy of the said Appeal, and do put in his Answer thereto in Writing, on or before Tuesday the 7th Day of July next; and Service of this Order upon the Attorney or Agent of the said Respondent, in the said Court of Exchequer in Ireland, shall be deemed good Service.

Gallery to be erected.

Ordered, That His Majesty's Surveyor General do take care and give Order for the erecting a Gallery over the Lobby Door, across this House; and that he take Notice thereof as from this Day.

Messages from H. C. to return Papists Relief Bill.

A Message was brought from the House of Commons, by Sir George Savile, and others:

To return the Bill, intituled, "An Act for relieving His Majesty's Subjects prosessing the Popish Religion, from certain Penalties and Disabilities imposed on them, by an Act made in the Eleventh and Twelfth Years of the Reign of King William the Third, intituled, "An Act for the further preventing the Growth of Popery;" and to acquaint this House, That they have agreed to their Lordships Amendments made thereto.

and Militia Bill.

A Message was brought from the House of Commons, by Sir George Savile, and others:

To return the Bill, intituled, "An Act to amend and render more effectual, the Laws relating to the raising and training the Militia within that Part of Great Britain called England; and to establish certain Regulations with respect to Officers serving in the Corps of Fencible Men, directed to be raifed in that Part of Great Britain called Scotland, and certain other Corps therein mentioned;" and to acquaint this House, That they have agreed to their Lordships Amendments made thereto.

Writs of Error delivered:

The Earl of Mansfield, Lord Chief Justice of the Court of King's Bench, in the usual Manner, delivered in at the Table, Four Writs of Error:

In the First of which,

McCliesh against Cox.

Henry McCliesh is Plaintiff,
and
Lawrence Cox Defendant.

In the Second,

Lancake against Herries et al.

Richard Lancake Esquire is Plaintiff,
and
Robert Herries Esquire, and others, are Defendants.

In the Third,

Down against Roc.

Thomas Down is Plaintiff,
and
Richard Roe, on the Demise of Ann Baker Spinster, Desendant.

And in the last,

Bean against Robinson.

Samuel Bean is Plaintiff,
and
John Robinson Defendant.

E. Chatham's Annuity Bill:

The Order of the Day being read for the Third reading of the Bill, intituled, "An Act for settling and securing a certain Annuity on the Earl of Chatham, and the Heirs of the Body of the late William Pitt Earl of Chatham, to whom the Earldom of Chatham shall descend, in Consideration of the eminent Services performed by the said late Earl to His Majesty and the Public;" 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 Debate;

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

It was resolved in the Affirmative.

Protest against passing it:

DISSENTIENT.

1st. Because we cannot agree to such an unwarrantable lavishing away of the Public Money, at a Time when the Nation groans under a heavy Load of Debt, and is engaged in a dangerous and expensive War.

"2dly. Because we fear that this Act may, in after Times, be made use of as a Precedent for factious Purposes, and to the enriching of Private Families at the Public Expence.

Bathurst, C.

W. Ebor.

Chandos.

Paget."

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.

Army in America, Detention of, Address to His Majesty relative to, negatived.

Moved, "That an humble Address be presented to His Majesty, That He would be graciously pleased to order to be laid before this House, previous to their Prorogation, all Information that has been received relative to the Detention of the Army now in America, subject to the Conditions of the Convention signed at Saratoga."

Which being objected to,

And a Question stated thereupon;

The previous Question was put, "Whether the said Question shall be now put?"

It was resolved in the Negative.

Address to defer the Prorogation negatived.

Moved, "That an humble Address be presented to His Majesty, humbly to represent to His Majesty the very alarming State of these Kingdoms, which we fear, will be much increased by a Prorogation of Parliament at so critical a Time, whereby His Majesty would be deprived of that natural and constitutional Advice He might find necessary on any Emergency to require from His Parliament, when the whole Legislative Authority, and the united Wisdom of the Kingdom, is, in our Apprehension, absolutely neceffary to secure us from impending Dangers, most humbly to implore His Majesty, that He would be graciously pleased to defer the Prorogation of the Parliament until the present very dangerous Crisis may be happily terminated."

Which being objected to,

After long Debate;

The Question was put thereupon?

It was resolved in the Negative.

Adjourn:

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, tertium diem instantis Junii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Mercurii, 3o, Junii 1778.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Archiep. Cantuar.
Archiep. Ebor.
Epus. Eliens.
Epus. Cicestrien.
Epus. Bath. & Wells.
Epus. Carliol.
Epus. Litch. & Cov.
Epus. Bangor.
Epus. Cestrien.
Comes Bathurst, Cancellarius.
Dux Ancaster, Magnus Camerarius.
Dux Chandos.
Comes Talbot, Senescallus.
Comes Sandwich.
Comes Abercorn.
Comes Loudoun.
Comes Breadalbane.
Comes Aberdeen.
Comes Marchmont.
Comes Rosebery.
Comes Oxford.
Comes Aylesford.
Comes Ashburnham.
Comes Effingham.
Comes Powis.
Comes Fauconberg.
Comes De Lawarr.
Viscount Montague.
Viscount Stormont.
Viscount Dudley & Ward.
Ds. Willoughby Br.
Ds. Willoughby Par.
Ds. Paget.
Ds. Clifton.
Ds. Onslow.
Ds. Edgcumbe.
Ds. Ravensworth.
Ds. Walpole.
Ds. Boston.
Ds. Cardiff.
Ds. Amherst.
Ds. Brownlow.
Ds. Harrowby.

PRAYERS.

The House was adjourned during Pleasure to robe.

The House was resumed.

King present.

His Majesty being seated on the Throne, adorned with His Crown and Regal Ornaments, and attended by His Officers of State (the Lords being in their Robes), commanded the Gentleman Usher of the Black Rod to let the Commons know, "It is His Majesty's Pleasure that they attend Him immediately in this House."

Who being come, with their Speaker;

He, after a Speech in relation to the Money Bill to be passed, delivered it to the Clerk, who brought it to the Table, where the Deputy Clerk of the Crown read the Title of that, and the other Bills to be passed, severally, as follow; (videlicet),

Bills passed.

"1. An Act for granting to His Majesty a certain Sum of Money out of the Sinking Fund, and for applying certain Monies therein mentioned, for the Service of the Year One thousand seven hundred and seventy-eight; and for further appropriating the Supplies granted in this Session of Parliament; and for carrying to the Aggregate Fund, a Sum of Money which hath arisen by the Two Sevenths Excise."

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

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

"2. An Act to amend and render more effectual the Laws relating to the raising and training the Militia within that Part of Great Britain called England; and to establish certain Regulations with respect to Officers serving in the Corps of Fencible Men, directed to be raised in that Part of Great Britain called Scotland, and certain other Corps therein mentioned."

"3. An Act for relieving His Majesty's Subjects professing the Popish Religion, from certain Penalties and Disabilities imposed on them, by an Act made in the Eleventh and Twelfth Years of the Reign of King William the Third, intituled, "An Act for the further preventing the Growth of Popery."

"4. An Act for repealing certain Provisions in Two Acts made in the First Year of the Reign of Queen Anne, One intituled, " An Act for the Relief of the Protestant Purchasers of the Forfeited Estates in Ireland;" and the other, intituled, " An Act for advancing the Sale of the Forfeited Estates in Ireland, and for vesting such as remain unsold by the present Trustees, in Her Majesty, Her Heirs and Successors, for such Uses as the same were before vested in the said Trustees; and for the more effectual felling and setting the said Estates to Protestants; and for explaining several Acts relative to the Lord Bophin and Sir Redmond Everard."

"5. An Act for settling and securing a certain Annuity on the Earl of Chatham, and the Heirs of the Body of the late William Pitt Earl of Chatham, to whom the Earldom of Chatham shall descend, in Consideration of the eminent Services performed by the said late Earl, to His Majesty and the Public."

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

"Le Roy le veult."

Then His Majesty was pleased to speak as follows:

His Majesty's Speech.

My Lords, and Gentlemen,

After so long and laborious an Application to the Public Business, I think it proper at this Season of the Year to give you some Recess: I come at the same Time to return you My particular Thanks, for the Zeal you have shewn in supporting the Honour of My Crown, and for your Attention to the real Interests of all My Subjects, in the wise, just and humane Laws which have been the Result of your Deliberations, and which, I hope, will be attended with the most salutary Effects in every Part of the British Empire.

My Desire to preserve the Tranquillity of Europe has been uniform and sincere; I reflect with great Satisfaction, that I have made the Faith of Treaties and the Law of Nations, the Rule of My Conduct; and that it has been My constant Care to give no just Cause of Offence to any Foreign Power; let that Power by whom this Tranquillity shall be disturbed, answer to their Subjects and to the World, for all the fatal Consequences of War.

The Vigour and Firmness of My Parliament have enabled Me to be prepared for such Events and Emergencies as may happen; and I trust that the experienced Valour and Discipline of My Fleets and Armies, and the loyal and united Ardour of the Nation, armed and animated in the Defence of every Thing that is dear to them, will be able, under the Protection of Divine Providence, to defeat all the Enterprizes which the Enemies of My Crown may presume to undertake, and convince them how dangerous it is to provoke the Spirit and Strength of Great Britain.

Gentlemen of the House of Commons,

I thank you for the Chearfulness with which you have granted the large and ample Supplies for the Service of the Current Year, and for your Care in raising them in a Manner the most effectual, and the least burthensome; and My warmest Acknowledgements are due to you for the Provision you have enabled Me to make for the more honourable Support of My Family.

My Lords, and Gentlemen,

Your Presence in your respective Countries may at this Time be of great Public Advantage; it is unnecessary for Me to recommend to you to do your Duty in your several Stations; on My Part, I have no other Wish or Object but to deserve the Confidence of My Parliament, and the Affections of My People."

Then the Lord Chancellor, having received Directions from His Majesty, said,

My Lords, and Gentlemen,

Parliament prorogued.

It is His Majesty's Royal Will and Pleasure, That this Parliament be prorogued to Tuesday the 14th Day of July next, to be then here holden; and this Parliament is accordingly prorogued to Tuesday the 14th Day of July next."