July 1781 11-20
DIE Mercurii, 11o Julii 1781.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Archiep. Cantuar.
Epus. Lincoln.
Epus. Meneven. |
Ds. Thurlow, Cancellarius.
Comes Bathurst, Præses.
Dux Portland.
Dux Chandos.
March. Rockingham.
Comes Westmorland.
Comes Sandwich.
Comes Poulet.
Comes Loudoun.
Comes Dunmore.
Comes Ferrers.
Comes Sussex.
Comes Harrington.
Comes Radnor.
Viscount Stormont.
Viscount Dudley & Ward. |
Ds. Say & Sele.
Ds. Cadogan.
Ds. Sandys.
Ds. Boston.
Ds. Amherst.
Ds. Loughborough.
Ds. Walsingham.
Ds. Southampton. |
PRAYERS.
E. Harrington takes the Oaths.
This Day Charles Earl of Harrington took the Oaths,
and made and subscribed the Declaration, and also took
and subscribed the Oath of Abjuration, pursuant to the
Statutes.
East India Company's Agreement Bill.
A Message was brought from the House of Commons,
by Mr. John Robinson, and others:
To return the Bill, intituled, "An Act for establishing an Agreement with the United Company of Merchants of England trading to the East Indies, for the
Payment of the Sum of Four hundred thousand
Pounds, for the Use of the Public, in full Discharge and Satisfaction of all Claims and Demands of the Public, from the Time the Bond Debt of
the said Company was reduced to One million five
hundred thousand Pounds, until the First Day of
March One thousand seven hundred and eighty-one,
in respect of the Territorial Acquisitions and Revenues lately obtained in the East Indies; and also, for
securing to the Public in respect thereof, for a Term
therein mentioned, a certain Part or Proportion of
the clear Revenues and Profits of the said Company;
and for granting to the said Company, for a further
Term, the sole and exclusive Trade to and from
the East Indies, and Limits therein mentioned; and
for establishing certain Regulations for the better
Management of the Affairs of the said Company, as
well in India as in Europe; and recruiting the Military
Forces of the said Company;" and to acquaint this
House, That they have agreed to their Lordships Amendment made thereto.
Bank Buildings Bill.
A Message was brought from the House of Commons,
by Mr. Ewer, and others:
To return the Bill, intituled, "An Act for vesting
the Parish Church of Saint Christopher le Stocks, in the
City of London, and the Materials and Scite thereof,
and the Church Yard thereto adjoining, in the Governors and Company of the Bank of England, and
their Successors for ever; and for uniting the said
Parish to the Parish of Saint Margaret Lothbury, in
the said City;" and to acquaint this House, That they
have agreed to their Lordships Amendments made
thereto.
Parochial Clergy Bill.
A Message was brought from the House of Commons,
by Mr. Gilbert, and others:
To return the Bill, intituled, "An Act to explain
and amend an Act made in the Seventeenth Year of
the Reign of His present Majesty, intituled, "An Act
to promote the Residence of the Parochial Clergy, by
making Provision for the more speedy and effectual
building, re-building, repairing, or purchasing Houses,
and other necessary Buildings and Tenements for the
Use of their Benefices;" and to acquaint this House,
That they have agreed to their Lordships Amendments
made thereto.
East India Judicature Bill.
The Order of the Day being read for the House to be
put again into a Committee upon the Bill, intituled,
An Act to explain and amend so much of an Act made
in the Thirteenth Year of the Reign of His present
Majesty, 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," as relates to the Administration of Justice
in Bengal; and for the Relief of certain Persons imprisoned at Calcutta in Bengal, under a Judgement of
the Supreme Court of Judicature; and also for indemnifying the Governor General and Council of
Bengal, and all Officers who have acted under their
Orders or Authority, in the Resistance made to the
Process of the Supreme Court."
The House was adjourned during Pleasure, and put
into a Committee thereupon.
After some Time the House was resumed:
And the Lord Sandys reported from the Committee,
That they had gone through the Bill and made
several 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.
Insolvent Debtors' 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 Relief of Insolvent Debtors, and for the
Relief of Bankrupts in certain Cases:"
Ordered, That the House be put into a Committee
upon the said Bill To-morrow.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, duodecimum diem instantis Julii, horâ undecimâ Auroræ,
Dominis sic decernentibus.
DIE Jovis, 12o Julii 1781.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Archiep. Cantuar.
Epus. Lincoln.
Epus. Meneven. |
Ds. Thurlow, Cancellarius.
Comes Bathurst, Præses.
Dux Portland.
Dux Dorset.
Dux Montagu.
March. Rockingham.
Comes Salisbury.
Comes Poulet.
Comes Loudoun.
Comes Rosebery.
Comes Ferrers.
Comes Sussex.
Comes Ashburnham.
Comes Radnor.
Comes Ailesbury.
Comes Mansfield.
Viscount Townsbend.
Viscount Stormont.
Viscount Wentworth.
Viscount Dudley & Ward.
Viscount Mount Edgcumbe & Valletort. |
Ds. Abergavenny.
Ds. Willoughby Br.
Ds. Say & Sele.
Ds. Cadogan.
Ds. Sandys.
Ds. Walpole.
Ds. Grantham.
Ds. Digby.
Ds. Loughborough. |
PRAYERS.
King's Answer to Address.
The Earl of Salisbury reported, "That the Lords
with White Staves had (according to Order) waited
on His Majesty with their Lordships Address of
Tuesday last for the Account therein mentioned; and
that His Majesty was pleased to say, "He would give
Directions accordingly."
East India Judicature Bill.
The Lord Sandys (according to Order) reported the
Amendments made by the Committee of the whole
House to the Bill, intituled, "An Act to explain and
amend so much of an Act made in the Thirteenth
Year of the Reign of His present Majesty, 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," as relates
to the Administration of Justice in Bengal; and for
the Relief of certain Persons imprisoned at Calcutta in
Bengal, under a Judgement of the Supreme Court of
Judicature; and also for indemnifying the Governor
General and Council of Bengal, and all Officers who
have acted under their Orders or Authority, in the
Resistance made to the Process of the Supreme
Court."
The said Amendments were read by the Clerk as
follows; (viz.)
Pr. 2. L. 39. After ("to") leave out ("deprive")
and insert ("Subjects")
L.39. Leave out from ("British") to
("the") in Press 3. Line 2. and insert ("but")
Pr. 3. L. 3. After ("Jurisdiction") insert ("with
respect to them")
L. 29. After ("Council") leave out ("such
Person") and insert ("and")
" L. 35. After ("Complaint") insert ("by
Indictment, Information, or Action")
Pr. 4. L. 6. After ("Witnesses") insert ("upon
the Matter of the said Complaint, and also on the Part
of the Person or Persons complained of")
L. 10. After ("Defence") insert ("and
also relative to any Mandamus or Commission to be
issued by any of His Majesty's Courts in Westminster
Hall, in case the Court upon Motion shall think fit to
order the same")
L. 12. After ("any") leave out ("Indictment or Information before the King's Bench") and
insert ("Suit in such Cases")
L. 18. After ("the") insert ("Supreme")
L. 27. After ("Council") insert ("and also
the Depositions which shall have been taken in Manner aforesaid, before the Supreme Court")
L. 29. After ("Westminster") leave out
("as the Originals of the same should in Law be taken
and held")
Pr. 5. L. 8. After ("Court") leave out ("shall
not hold any Plea or Process") and insert ("shall not
have or exercise any Jurisdiction in any Matter")
L. 11. After ("thereof") insert ("according to the Usage and Practice of the Country, or the
Regulations of the Governor General and Council")
L. 11. Leave out from ("thereof") to
("And") in the 22d Line of the same Press.
L. 23. After ("Persons") leave out ("who
shall or shall not be")
" L. 26. Leave out from ("no") to ("shall")
in the 31st Line or the same Press, and insert ("Person")
" Pr. 6. L. 12. Leave out from ("Orissa") to ("for")
in the 17th Line of the same Press, and insert ("or")
L. 22. After ("Orissa") leave out ("except
the said Lands or Farms lie within the Maratta Ditch
aforesaid")
L. 25. After ("no") leave out ("Native
of Hindostan shall become subject to the Jurisdiction of
the said Supreme Court"), and insert ("Person")
L. 31. After ("them") insert ("or")
Pr. 7. L. 2. After ("Britain") leave out ("in any
Civil or Criminal Matter or Cause whatsoever"), and
insert ("shall become subject to the Jurisdiction of the
Supreme Court in any Matter of Inheritance, or Succession to Lands or Goods, or in any Matter of dealing, or Contract between Party or Parties, except in
Actions for Wrongs or Trespasses, and also")
L. 7. Leave out from ("Court") to the
End of the Clause.
Pr. 11. L. 10. After ("all") insert ("Civil")
L. 27. After ("Families") leave out ("and
that their Rule or Law of Cast shall not be violated")
L. 31. After ("the") leave out ("said")
L. 31. After ("Cast") leave out ("not affecting Life, Member or Property"), and insert ("respecting the Members of the said Families only")
L. 37. Leave out from ("enacted") to
("And") in Press 25. L. 16. and instead thereof insert
("that it shall and may be lawful for the Supreme
Court of Judicature at Fort William in Bengal to frame
such Process, make such Rules and Orders for the Execution thereof in Suits, Civil or Criminal, against the Natives of Bengal, Bahar, and Orissa, as may accommodate the same to the Religion and Manner of such
Natives, so far as the same may consist, with the due
Execution of the Laws and Attainment of Justice:
Provided that such new Forms of Process, and Rules
and Orders for the Execution thereof, be forthwith
transmitted to Great Britain, to be laid before His
Majesty for His Royal Approbation")
Pr. 25. L. 20. Leave out the Word ("County")
and insert ("Country")
L. 34. Leave out from ("upwards") to
("And") in Press 26. Line 26.
Pr. 27. L. 2. Leave out from ("Council") to
("shall") in Line 4.
L. 7. Leave out from the Second ("and")
to ("shall") in L. 9.
L. 15. Leave out from ("State") to ("His")
in Line 17. and instead thereof insert ("which Regulations")
L. 18. and 19. After ("amend") leave out
("the same")
Pr. 28. L. 22. Leave out from ("explicitly contained") to ("nor") in Line 24.
L. 30. Leave out from ("Defendant") to
("And") in Line 36.
Pr. 29. L. 13. In Clause ("A.") leave out from
("Court") to ("Be") in Line 19. and instead thereof
insert ("And whereas through Ignorance or other
Misapprehension of the Law, the Time during which
an Appeal might have been presented to His Majesty
in the Privy Council hath expired")
Clause (A.) " Lines 25. and 26. Leave out from ("Executions") to the End of the Clause, and instead
thereof insert (" on Security being given for the Damages recovered, which Security the Governor General and Council are hereby required to cause to be
given on their Behalf, and that it shall be competent to
appeal to His Majesty in Council against the aforesaid Judgement, in like Manner and to the same Effect
as if such Appeal had been presented within the Time
for that Purpose limited by the Charter")
Pr. 30. L. ult. Leave out from ("Court") to the
End of the Bill.
In the Title of the Bill, Line 14. After ("the")
insert ("undue")
The Three First Amendments being again read, were
disagreed to by the House.
The rest of the Amendments being again read, were,
severally, agreed to by the House.
Marriage Act to amend, Bill.
The Order of the Day being read for the Second
Reading of the Bill, intituled, "An Act to amend an
Act made in the Twenty-sixth Year of the Reign of
His late Majesty King George the Second, intituled,
An Act for the better preventing of clandestine Marriages; and for removing Doubts with respect to certain Marriages therein mentioned;" and for the Lords
to be summoned:
It was moved, "That the said Bill be now read a
Second Time."
Which being objected to,
After short Debate,
The Question was put thereupon?
It was resolved in the Negative.
Ordered, That the said Bill be rejected.
Insolvent Debtors 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 Relief of Insolvent Debtors, and for the
Relief of Bankrupts in certain Cases:"
Ordered, That the House be put into a Committee
upon the said Bill To-morrow.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris,
decimum tertium diem instantis Julii, horâ undecimâ
Auroræ, Dominis sic decernentibus.
DIE Veneris, 13o Julii 1781.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Archiep. Cantuar.
Epus. Lincoln.
Epus. Meneven. |
Ds. Thurlow, Cancellarius.
Comes Bathurst, Præses.
Dux Portland.
Comes Westmorland.
Comes Poulet.
Comes Ferrers.
Comes Radnor.
Comes Mansfield.
Viscount Townsbend. |
Ds. Say & Sele.
Ds. Montfort.
Ds. Sandys.
Ds. Walpole.
Ds. Amherst.
Ds. Loughborough.
Ds. Walsingham. |
PRAYERS.
East India Judicature Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act to
explain and amend so much of an Act, made in the
Thirteenth Year of the Reign of His present Majesty,
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,"
as relates to the Administration of Justice in Bengal,
and for the Relief of certain Persons impritoned at
Calcutta in Bengal, under a Judgement of the Supreme
Court of Judicature; and also for indemnifying the
Governor General and Council of Bengal, and all
Officers who have acted under their Orders or
Authority, in the Resistance made to the Process of
the Supreme Court."
Then the following Amendments were proposed to be
made to the said Bill.
Pr. 2. L. 36. After ("that") leave out ("the"),
and insert ("with respect to such")
L. 38. After ("Council") insert ("as")
L. 38. After ("do") leave out ("not"),
and insert ("or shall")
L. 39. Leave out ("deprive")
L. 39. After ("Subject") insert ("or Subjects")
L. 39. Leave out from ("Subjects") to
("the") in Press 3. Line 2.
Pr. 3. L. 3. After ("have") insert ("and retain
as")
Pr. 10. L. 32. Leave out from the Word ("Act")
to the Word ("their"), in the First Line of the 11th
Press, and insert ("Provided always, and be it enacted, That the Supreme Court of Judicature at Fort
William in Bengal, shall have full Power and Authority to hear and determine, in such Manner as is provided for that Purpose in the said Charter or Letters
Patent, all and all Manner of Actions and Suits,
against all and singular the Inhabitants of the said
City of Calcutta, provided that")
Pr. 11. L. 5. After ("and Party") insert ("shall
be"), and in the same Line after ("determined")
leave out ("if"), and insert ("in the Case of")
L. 7. After ("and") leave out ("if"), and
insert ("in the Case of")
L. 9. After ("Gentus") insert ("and where
only one of the Parties shall be a Mahomedan or Gentú
by the Laws and Usages of the Defendant")
L. 9. Leave out from ("Gentú") to
("And") in Line 17.
L. 27. Leave out from ("Families") to
("nor") in Line 29.
L. 49. After ("Justice") insert ("Provided always, and be it enacted, That such new
Forms of Process and Rules and Orders for the Execution thereof, shall be forthwith transmitted to one
of His Majesty's Principal Secretaries of State, to be
laid before His Majesty for His Royal Approbation,
Correction or Refusal; and such Process shall be
used, and such Rules and Orders shall be observed,
until the same shall be repealed or varied, and in
the last Case with such Variation as shall be made
therein")
The same were agreed to, and ordered accordingly.
Moved, "That the said Bill, with the Amendments,
do pass;"
Which being objected to,
After short Debate,
The Question was put, "Whether this Bill, with
the Amendments, shall pass?"
It was resolved in the Affirmative.
DISSENTIENT.
Protest against passing it.
Because this Bill instead of preserving that Impartiality which characterizes all just Legislation, enacts
that a Power of Oppression, which is consessedly
so great and dangerous, that it shall not be tolerated
with respect to the Life, the Limb, the Liberty, or
even the Property of any British born Subject who has
but a temporary and voluntary Residence in Indostan,
shall yet subsist against the poor, the friendless, the
plundered Native, the natural and necessary Inhabitant of that Country with all its Terrors without Limitation, and with scarce an Appearance of Responsi
bility.
Because the giving Power without Responsibility
can be justified in my Opinion by no possible Situation
of Affairs; the Abuse of official Power and the Outrages committed in pursuit of Wealth in India, have
been observed in this Country with an Indifference
which does no Credit to Our Government; we shall
not, I imagine, acquire any Credit by extending that
Authority, much less by annexing Impunity to its
Abuse.
Because this Bill, which its warmest Advocates do
not contend is either modelled by the strictest Rules
of Justice, or adequate to the Prevention or Punishment of Offences committed against the Natives
(but which contrary to Reason, to History, and Experience, it is presumed, will not be committed) stands
upon the single Plea, which I contend to be an insufficient and immoral Plea, State Necessity; and even this
Plea we have admitted upon the Credit of the Bill itself,
without Proof, either by Evidence at the Bar, or
Papers on the Table, or even the Information of
any Member in the Progress of this Bill through
the House, of any One Circumstance, on which
the Bill originated, of any One Abuse which it is
to remedy, or of any One Act of Resistance which
it indemnifies.
"Radnor."
Message to H. C. with Amendments to it.
A Message was ordered to be sent to the House of
Commons, by Mr. Eames and Mr. Montagu:
To return the said Bill and acquaint them, That
the Lords have agreed to the same with several
Amendments, to which their Lordships desire their
Concurrence.
Insolvent Debtors Bill.
The Order of the Day being read for the House to
be put into a Commitee upon the Bill, intituled, "An
Act for the Relief of Insolvent Debtors, and for
the Relief of Bankrupts in certain Cases:"
The House was adjourned during Pleasure, and put
into a Committee thereupon.
After some Time the House was resumed:
And the Lord Walsingham reported from the Commit
tee, "That they had gone through the Bill, and made
several Amendments thereto, which he was ready to
report when the House will please to receive the
same."
Ordered, That the said Report be received on
Monday next.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ,
decimum sextum diem instantis Julii, horâ undecimâ
Auroræ, Dominis sic decernentibus.
DIE Lunæ, 16o Julii 1781.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. Lincoln.
Epus. Meneven. |
Ds. Thurlow, Cancellarius.
Comes Ferrers.
Comes Radnor.
Viscount Stormont. |
Ds. Say & Sele.
Ds. Sandys.
Ds. Walpole.
Ds. Harrowby.
Ds. Loughborough.
Ds. Walsingham. |
PRAYERS.
Insolvent Debtors Bill.
The Lord Walsingham (according to Order) reported
the Amendments made by the Committee of the whole
House, to the Bill, intituled, "An Act for the Relief
of Insolvent Debtors, and for the Relief of Bankrupts
in certain Cases."
The said Amendments were read by the Clerk, as
follows; (videlicet)
Pr. 1. L. 1. Leave out from ("Whereas") to
("be") in Line 32. and instead thereof insert ("notwithstanding the Prejudice and Inconvenience which
Acts of Insolvency produce to Trade and Credit, it
may be convenient in the present Condition of the
Gaols in this Kingdom, that some of the Prisoners who
are now consined therein should be set at Liberty")
Pr. 2. L. 11. Leave out ("May") and insert
("January")
Pr. 4. L. ult. Leave out from ("that is to say")
to ("I A. B.") in Press 8. Line 10.
Pr. 9. L. 16. Leave out ("or tendered to be")
L. 17. After ("Bail") insert ("and were
actually in Custody")
Pr. 10. L. 27. Leave out ("May") and insert
("January")
Pr. 11. L. 2. Leave out ("May") and insert
("January")
L. 8. Leave out ("May") and insert
("January")
L. 25. Leave out (" May") and insert
("January")
L. 37. Leave out ("May") and insert
("January")
Pr. 12. L. 6. Leave out ("May") and insert
("January")
L. 9. Leave out ("May") and insert
("January")
Pr. 13. L. 3. After ("aforesaid") insert ("except the said Marshall and Warden")
Pr. 16. L. 11. Leave out from ("large") to
("of") in Line 27. and instead thereof insert ("by
and upon the burning, destroying, or breaking open
of the Prisons aforesaid, and who surrendered or
did surrender before the First Day of September
One thousand seven hundred and eighty; and
all and every Person and Persons whose Name or
Names shall be inserted in such List, who surrendered
or offered to surrender, or were surrendered or offered
to be surrendered in Discharge of Bail between the
Eighth Day of June and the Twenty-seventh Day of
November, in any Action or Suit commenced before
the said Eighth Day of June, and all and every Person and Persons whose Name or Names shall be
inserted in any such List to be delivered in as aforesaid,
who on the First Day of January in the Year of Our
Lord One thousand seven hundred and eighty-one
were really and truly Prisoners in the actual Custody")
Pr. 17. L. 13. After ("committed") leave out
("or") and insert ("and") and in the same Line
and Line 14. after ("Prison") insert ("in Execution
or")
Pr. 26. L. 24. Leave out from ("were") to
("surrendered") in Line 25.
L. 27. After ("surrendered") leave out
to ("or") and insert ("as aforesaid, or was or were
committed and conveyed to Prison in Discharge of
Bail or for want of Bail after the said Eighth Day of
June One thousand seven hundred and eighty, and
before the said Twenty-seventh Day of November then
next following, and continued in Prison subsequent to
the said Twenty-seventh Day of November, and were
released by virtue or in pursuance of the said Act
passed in this Session of Parliament, or was or were")
L. 30. Leave out ("May") and insert
("January")
L. 31 and 32. Leave out ("or since")
Pr. 27. L. 37. Leave out ("May") and insert
("January")
L. 39. Leave out from ("I was") to
("and") in Press 29. Line 18. and instead thereof
insert ("really and truly a Prisoner in the actual
Custody of in the Prison or Gaol of
at the Suit of without any Fraud-or
Collusion whatsoever, really and truly a Prisoner in
the Gaol or Prison of at the Suit of at the
Time that the said Gaol or Prison was burnt down, destroyed, or broke open; and that afterwards, and
before the First Day of September in that Year, I surrendered or was surrendered, or offered to surrender
or was offered to be surrendered, to the Keeper or
Gaoler of the said Prison; or (as the Case may be) that
without any Fraud or Collusion whatsoever I surrendered or was surrendered in discharge of my Bail, or
was committed in Execution (if the Case be so) to
the Prison of in the Custody of
between the Eighth Day of June and the 27th Day of
November in the Year of Our Lord One thousand
seven hundred and eighty, at the Suit of
and continued actually in the said Prison subsequent
to the said Twenty-seventh Day of November, and was
released therefrom by virtue of an Act passed in the
Twenty-first Year of His present Majesty's Reign; or
(as the Case may be) that I surrendered or offered to
surrender myself, or was surrendered or offered to be
surrendered to the Prison of between the
Eighth of June and Twenty-seventh of November One
thousand seven hundred and eighty, in discharge of
my Bail in an Action at the Suit of which
Action was commenced before the Eighth Day of June
One thousand seven hundred and eighty.")
Pr. 46. L. 15. Leave out ("May") and insert
("January")
L. 33. Leave out ("May") and insert
("January")
Pr. 47. L. 25. Leave out ("May") and insert
("January")
Pr. 48. L. 10. Leave out ("May") and insert
("January")
Pr. 49. L. 20. Leave out ("May") and insert
("January")
Pr. 50. L. 15. Leave out ("May") and insert
("January")
L. 24. Leave out ("May") and insert
("January")
L. 39. Leave out ("May") and insert
("January")
Pr. 51. L. 20. Leave out ("May") and insert
("January")
Pr. 53. L. 24. Leave out ("May") and insert
("January")
Pr. 55. L. 34. Leave out from ("whatsoever")
to ("and") in Press 57. Line 22.
Pr. 58. L. 5. Leave out ("May") and insert
("January")
Pr. 61. L. 21 and 22. Leave out the Words
("adjudged to be")
L. 31. Leave out ("May") and insert
("January")
Pr. 62. L. 31. Leave out ("May") and insert
("January")
L. ult Leave out ("May") and insert
("January")
Pr. 63. L. 7. Leave out ("May") and insert
("January")
L. 15. Leave out ("May") and insert
("January")
Pr. 64. L. 3. Leave out ("May") and insert
("January")
L. 11. Leave out ("May") and insert
("January")
L. 27. Leave out ("May") and insert
("January")
L. 30. Leave out ("May") and insert
("January")
Pr. 65. L. 6. Leave out ("May") and insert
("January")
L. 14. Leave out ("May") and insert
("January")
Pr. 77. L. 40. Leave out ("May") and insert
("January")
Pr. 78. L. 36. Leave out from ("Custody") to
("on") in Line 38.
L. 39. Leave out ("May") and insert
("January")
Pr. 79. L. 3. After ("by") insert ("any")
and in Line 4. leave out ("such")
L. 5. After ("or") insert ("any") and
in the same Line after ("one") insert ("or more")
and in the same Line after ("Person") insert
("or Persons")
L. 6. After ("Persons") insert ("at
whose Suit or Suits he shall have been charged to the
said Amount")
Pr. 98. L. 22. Leave out from ("Scotland") to
the End of the Bill."
"In the Title of the Bill:
L. 1. After ("the") insert ("Discharge")
and in the same Line, leave out ("Relief") and in
the same Line, after ("of") insert ("certain"), and
in the same Line, after ("Debtors") leave out to the
End of the Title."
The Three first Amendments being again read, were
agreed to by the House.
The Two next Amendments being again read, were
disagreed to by the House.
The Nine next Amendments being again read, were
agreed to by the House.
The Two next Amendments being again read, were
disagreed to by the House.
The Nine next Amendments being again read, were
agreed to by the House.
The Seven next Amendments being again read, were
disagreed to by the House.
The Eight next Amendments being again read, were
agreed to by the House.
The next Amendment being again read, was disagreed to by the House.
The next Amendment being again read, was agreed
to by the House.
The next Amendment being again read, was disagreed
to by the House.
The Three next Amendments being again read, were
agreed to by the House.
The Five next Amendments being again read, were
disagreed to by the House.
The Two next Amendments being again read, were
agreed to by the House.
Then the following Amendments were proposed to be
made to the said Bill:
Pr. 9. L. 7. Leave out from ("mentioned") to
("and") in the 26th Line of the same Press.
L. 28. Leave out ("to be surrendered")
Pr. 16. L. 7. After ("Persons") insert ("whose
Debts respectively shall not amount in the Whole to a
greater Sum than Five hundred Pounds and")
L. 13. Leave out from ("aforesaid") to
("who") in the 22d Line of the same Press.
Pr. 17. L. 4. Leave out from the First ("Provided")
to the End of the Clause.
In the Third Line of Clause (A.) in Press 20. leave
out ("or") and insert ("and")
In the Fourth Line of the same Clause, after
("tendered") insert ("themselves")
Pr. 21. L. 31. Leave out ("or") and insert ("and")
Pr. 23. L. 11. Leave out ("or") and insert ("and")
Pr. 25. L. 15. Leave out ("or") and insert ("and")
L. 20. After ("County") insert ("And
being not indebted in the Whole to a greater Amount
than to the Sum of Five hundred Pounds")
Pr. 26. L. 8. After ("aforesaid") insert ("not
being indebted in the Whole to a greater Amount
than to the Sum of Five hundred Pounds")
L. 24. After ("were") insert ("between
the Twenty-eighth Day of June 1780"), and in the
same Line after ("and") insert ("before the First
Day of September 1780")
L. 26 and 27. Leave out ("or were surrendered or tendered to be surrendered or")
Pr. 27. L. 39. and 40. Leave out from ("Prisoner") to ("and") in the 8th Line of the 28th Press.
Pr. 28. L. 12. Leave out ("May") and insert
("January")
Pr. 29. L. 2. Leave out from ("be") to ("and")
in the 18th Line of the same Press.
Pr. 31. L. 6 and 7. After ("howsoever") insert
("and that I am not indebted in the Whole to any
greater Amount than to the Sum of Five hundred
Pounds")
Pr. 39. L. 26. Leave out ("Fugitive or Fugitives")
L. 33 and 34. Leave out ("Fugitive or
Fugitives")
Pr. 40. L. 2. Leave out ("Fugitive or Fugitives")
Pr. 49. L. 2. Leave out from ("Suit") to ("and")
in Press 57. Line 22.
Pr. 58. L. 6. Leave out ("or since")
Pr. 61. L. 11. Leave out ("or any other Person
or Persons")
Pr. 64. L. 6. After ("large") leave out ("or")
and insert ("and"), and after ("or") leave out
("tendered to be surrendered") and insert ("tendering themselves")
L. 8. After ("Custody") leave out ("or
with respect to Debtors beyond the Seas as aforesaid
upon") and insert ("on")
L. 18. Leave out from ("aforesaid") to
("was") in the 24th Line of the same Press.
L. 28. Leave out from ("one") to ("and")
in the 32d Line of the same Press.
Pr. 70. L. 17. Leave out from ("aggrieved") to
("Provided") in Press 72. Line 40.
Pr. 83. L. 18. Leave out from ("allow") to
("and") in the 36th Line of the same Press.
Pr. 84. L. 40. Leave out from ("Act") to ("may")
in the 2d Line of the 85th Press.
Pr. 97. L. 30. After ("made") insert ("in the
last Session of Parliament, intituled, "An Act to pre
vent any Mischief or Inconvenience which may arise
to Sheriffs, Gaolers, Suitors, Prisoners or others, by
the Prisoners in several Gaols in the Counties of
Middlesex and Surrey, and the City of London, having
been set at Liberty during the late Tumults and Insurrections, and also in pursuance of a certain Act of
Parliament made")
Pr. 98. L. 9. Leave out from ("thereof") to
("shall") in the 11th Line of the same Press.
The same were agreed to, and ordered accordingly.
A Message was brought from the House of Commons,
by Mr. Attorney General, and others:
Coeoa Nut, & Duty, Act to amend, Bill.
With a Bill, intituled, "An Act to rectify a Mistake
in an Act made in this present Session of Parliament,
intituled, "An Act for repealing the Duties payable
upon Chocolate made in Great Britain, and for granting certain Inland Duties upon Cocoa Nuts in lieu
thereof; for the better and more effectual securing
the Revenue of Excise, and of the Inland Duties under
the Management of the Commissioners of Excise, and
for preventing Frauds therein; for the more punctual
and ready Payment of the Allowances to be made to
Brewers out of the additional Duties imposed on Malt;
and for rectifying a Mistake in an Act made in this
present Session of Parliament with respect to the exempting of Candles from the additional Duty of Five
Pounds per Centum upon the Duties of Excise imposed
by the said Act;" to which they desire the Concurrence of this House.
The said Bill was read the First Time.
Bristow against Stringer:
Upon reading the Petition of John Bristow, Plaintiff
in a Writ of Error depending in this House, wherein
Thomas Stringer is Defendant; setting forth, "That
the Plaintiff has been advised to withdraw his Assignment of Errors, and not to prosecute his said Writ of
Error any further;" and therefore praying their Lordships, "That he may be at Liberty to withdraw his
said Assignment of Errors, and that the said Writ of
Error may be Non-pros'd, with such Costs as to their
Lordships shall seem meet, the Agent for the said Defendant having signed the said Petition as consenting
thereto:"
Writ of Error Non-pross'd, with Costs.
It is Ordered, That the Petitioner do withdraw his
said Assignment of Errors, and that the Defendant do
forthwith enter a Non-pros on the said Writ of Error as
desired, and that the Record be remitted to the Court
of King's Bench, to the End Execution may be had
upon the Judgment 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 Forty
Pounds, for his Costs, by reason of the Delay of the
Execution of the said Judgement.
East India Judicature Bill.
A Message was brought from the House of Commons
by General Smith and others:
To return the Bill, intituled, "An Act to explain and
amend so much of an Act made in the Thirteenth Year
of the Reign of His present Majesty, 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," as relates to the Administration of Justice in Bengal; and for the Relief of certain Persons imprisoned at Calcutta, in Bengal, under
a Judgement of the Supreme Court of Judicature;
and also for indemnifying the Governor-General and
Council of Bengal, and all Officers who have acted
under their Orders or Authority, in the Resistance
made to the Process of the Supreme Court;" and to
acquaint this House, That they have agreed to their
Lordships' Amendments made thereto.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis,
decimum septimum diem instantis Julii, horâ undecimâ
Auroræ, Dominis sic decernentibus.
DIE Martis, 17o Julii 1781.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Archiep. Cantuar.
Epus. Lincoln.
Epus. Meneven. |
Ds. Thurlow, Cancellarius.
Comes Bathurst, Præses.
Comes Ferrers.
Comes Hillsborough. |
Ds. Say & Sele.
Ds. Loughborough.
Ds. Walsingham. |
PRAYERS.
Cocoa Nuts, &c. Duty, Act to amend, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act to
rectify a Mistake in an Act made in this present Session
of Parliament, intituled, "An Act for repealing the
Duties payable upon Chocolate made in Great Britain,
and for granting certain Inland Duties upon Cocoa
Nuts in lieu thereof; for the better and more effectual
securing the Revenue of Excise and of the Inland
Duties under the Management of the Commissioners
of Excise, and for preventing Frauds therein; for the
more punctual and ready Payment of the Allowances
to be made to Brewers out of the additional Duties
imposed on Malt; and for rectifying a Mistake in an
Act made in this present Session of Parliament with
respect to the exempting of Candles from the additional Duty of Five Pounds per Centum upon the Duties of Excise imposed by the said Act:"
Ordered, That the said Bill be read the Third Time
To-morrow.
Insolvent Debtors Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for
the Relief of Insolvent Debtors, and for the Relief of
Bankrupts in certain Cases."
Then the following Amendments were proposed to be
made to the said Bill:
Pr. 4. L. 7. Leave out from ("aforesaid") to
the End of the Clause."
Pr. 26. L. 26. After ("surrender") leave out
("to")
L. 27. After ("surrendered") leave out ("or
was or were committed and conveyed to Prison in discharge of Bail or for Want of Bail, after the said
Eighth Day of June One thousand seven hundred and
eighty, and before the said Twenty-seventh Day of
November then next following, and continued in Prison subsequent to the said Twenty-seventh Day of
November, and were released by virtue or in pursuance of the said Act passed in this Session of Parliament, or was or were")
L. 27. After ("or") insert ("was or
were")
Pr. 27. L. 39. After ("I was") insert ("really and
truly a Prisoner in the actual Custody of
in the Prison or Gaol of at the Suit of
without any Fraud or Collusion
whatsoever, or (as the Case may be) that I was, without any Fraud or Collusion whatsoever, really and
truly a Prisoner in the Gaol or Prison of
at the Suit of at the Time that the said
Gaol or Prison was burnt down, destroyed, or broke
open; and that afterwards, and before the First Day of
September in that Year, I surrendered, or was surrendered or offered to surrender, or was offered to
be surrendered, to the Keeper or Gaoler of the said
Prison")
Pr. 78. L. 31. Leave out from ("them") to
("and whereas") in Press 81. L. 12."
The same were agreed to, and ordered accordingly.
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. Leeds and Mr. Pepys:
To return the said Bill, and acquaint them, That the
Lords have agreed to the same with several Amendments, to which their Lordships desire their Concurrence.
Insolvent Debtors Bill.
A Message was brought from the House of Commons by Mr. Attorney General and others:
To return the Bill, intituled, "An Act for the Relief
of Insolvent Debtors, and for the Relief of Bankrupts in
certain Cases;" and to acquaint this House, That they
have agreed to their Lordships Amendments made
thereto.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii,
decimum octavum diem instantis Julii, horâ undecimâ
Auroræ, Dominis sic decernentibus.
DIE Mercurii, 18o Julii 1781.
REX.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Archiep. Cantuar.
Epus. Lincoln.
Epus. Meneven. |
Dux Cumberland.
Ds. Thurlow, Cancellarius.
Comes Bathurst, Præses.
Dux Queensberry.
Dux Montagu.
Comes Salisbury.
Comes Loudoun.
Comes Dunmore.
Comes Rosebery.
Comes Hillsborough.
Comes Ailesbury.
Comes Clarendon.
Viscount Stormont.
Viscount Mount Edgcumbe & Valletort. |
Ds. Say & Sele.
Ds. Amherst.
Ds. Harrowby.
Ds. Loughborough.
Ds. Brudenell.
Ds. Walsingham.
Ds. Southampton. |
PRAYERS.
Cocoa Nuts, &c. Duty, Act to amend, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act to
rectify a Mistake in an Act made in this present Session
of Parliament, intituled, "An Act for repealing the
Duties payable upon Chocolate made in Great Britain,
and for granting certain Inland Duties upon Cocoa
Nuts in lieu thereof, for the better and more effectual
securing the Revenue of Excise, and of the Inland
Duties under the Management of the Commissioners
of Excise, and for preventing Frauds therein; for the
more punctual and ready Payment of the Allowances
to be made to Brewers out of the additional Duties
imposed on Malt; and for rectifying a Mistake in an
Act, made in this present Session of Parliament, with
respect to the exempting of Candles from the additional
Duty of Five Pounds per Centum upon the Duties of
Excise imposed by the said Act."
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. Leeds and Mr. Pepys:
To acquaint them, That the Lords have agreed to
the said Bill, without any Amendment.
Salte against Wilkinson and Cooke:
Upon reading the Petition of Abraham Wilkinson and
George Cooke, Defendants in a Writ of Error depending
in this House, wherein Matthew Salte is Plaintiff; setting
forth, "That the Plaintiff has not assigned Errors within
the Time limited by their Lordships Standing Order;"
and therefore praying, "That the said Writ of Error
may be Non-pros'd, with such Costs as to their Lordships shall seem meet:"
Writs of Error Non-pross'd, with Costs.
It is Ordered, That the Petitioners do forthwith
enter a Non-pros on the said Writ of Error as desired;
and that the Record be remitted to the Court of King's
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 Defendants in Error, the Sum of Forty Pounds
for their Costs, by reason of the Delay of the Execution
of the said Judgement.
The House was adjourned during Pleasure to robe.
The House was resumed.
The King present.
His Majesty, being seated on the Throne, adorned
with His Crown and Regal Ornaments, and attended
by His Officers of State, (the Lords being in their
Robes), commanded the Gentleman Usher of the Black
Rod to let the Commons know, "It is His Majesty's
Pleasure, that they attend him immediately in this
House;"
Who being come, with their Speaker;
He, after a Speech to His Majesty 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 follows; (videlicet)
Bills passed.
1. "An Act for establishing an Agreement with the
United Company of Merchants of England trading to
the East Indies, for the Payment of the Sum of Four
hundred thousand Pounds, for the Use of the Public,
in full Discharge and Satisfaction of all Claims and
Demands of the Public, from the Time the Bond
Debt of the said Company was reduced to One Million five hundred thousand Pounds, until the First
Day of March One thousand seven hundred and
eighty-one, in respect of the Territorial Acquisitions
and Revenues lately obtained in the East Indies; and
also, for securing to the Public in respect thereof, for
a Term therein mentioned, a certain Part or Proportion of the clear Revenues and Profits of the said
Company; and for granting to the said Company, for a
further Term, the sole and exclusive Trade to and from
the East Indies, and Limits therein mentioned; and
for establishing certain Regulations for the better
Management of the Affairs of the said Company, as
well in India as in Europe; and the recruiting the
Military Forces of the said Company."
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 explain and amend an Act, made in
the Eighth and Ninth Years of the Reign of King
William the Third, intituled, "An Act for the lessening the Duty upon Tin and Pewter exported, and
granting an Equivalent for the same by a Duty upon
Drugs," so far as the same relates to the Importation
of Drugs from the Russian Dominions; and also an
Act made in the Third Year of the Reign of His
present Majesty, intituled, "An Act for the further
Improvement of His Majesty's Revenue of Customs,
and for the Encouragement of Officers making
Seizures, and for the Prevention of the clandestine
Running of Goods into any Part of His Majesty's
Dominions;" to permit the Importation of Orchillia
Weed and Cobalt, during the present Hostilities,
from any Place whatsoever, in British, Irish or
Neutral Ships, and to permit Sugars, the Growth of
Demerary and Essequibo, to be imported into Great
Britain, upon Payment of the like Duties, and under
the like Restrictions as Sugars of the British Islands
in the West Indies."
3. "An Act to explain and amend so much of an
Act, made in the Thirteenth Year of the Reign of
His present Majesty, 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," as relates to the Administration
of Justice in Bengal, and for the Relief of certain Persons imprisoned at Calcutta in Bengal, under a Judgement of the Supreme Court of Judicature; and also
for indemnifying the Governor General and Council
of Bengal, and all Officers who have acted under
their Orders or Authority, in the undue Resistance
made to the Process of the Supreme Court."
4. "An Act to explain and amend an Act, made
in the Seventeenth Year of the Reign of His present
Majesty, intituled, "An Act to promote the Residence of the Parochial Clergy, by making Provision
for the more speedy and effectual building, re-building, repairing or purchasing Houses, and other necessary Buildings and Tenements, for the Use of their
Benefices."
5. "An Act for the Discharge of certain Insolvent
Debtors."
6. "An Act to explain and amend so much of an
Act, made in the Twentieth Year of the Reign of His
present Majesty, intituled, "An Act to vest certain
Messuages, Lands, Tenements and Hereditaments, in
Trustees, for the better securing His Majesty's Docks,
Ships and Stores, at Plymouth and Sheerness; and for
better defending the Passage of the River Thames at
Gravesend and Tilbury Fort," as relates to the Security
of His Majesty's Docks, Ships and Stores at Plymouth."
7. "An Act to prevent the Mischiefs that arise from
driving Cattle within the Cities of London and Westminster, and Liberties thereof, and Bills of Mortality."
8. "An Act to explain and amend an Act, made in
the Fourth Year of the Reign of His late Majesty
King George the Second, intituled, "An Act for the
more effectual punishing Stealers of Lead and Iron
Bars fixed to Houses, or any Fences belonging thereunto."
9. "An Act to explain and amend an Act, made in
the Twenty-ninth Year of the Reign of His late
Majesty King George the Second, intituled, "An Act
for more effectually discouraging and preventing
the Stealing, and the buying and receiving of stolen
Lead, Iron, Copper, Brass, Bell Metal and Solder,
and for more effectually bringing the Offenders to
Justice."
10. "An Act to rectify a Mistake in an Act made in
this present Session of Parliament, intituled, "An Act
for repealing the Duties payable upon Chocolate made
in Great Britain, and for granting certain Inland
Duties upon Cocoa Nuts in lieu thereof; for the
better and more effectual securing the Revenue of
Excise, and of the Inland Duties under the Management of the Commissioners of Excise, and for preventing Frauds therein; for the more punctual and
ready Payment of the Allowances to be made to
Brewers out of the additional Duties imposed on
Malt; and for rectifying a Mistake in an Act made
in this present Session of Parliament, with respect to
the exempting of Candles from the additional Duty
of Five Pounds per Centum upon the Duties of Excise
imposed by the said Act."
11. "An Act for vesting the Parish Church of Saint
Christopher Le Stocks, in the City of London, and the
Materials and Scite thereof, and the Church Yard
thereto adjoining, in the Governor and Company of
the Bank of England and their Successors for ever;
and for uniting the said Parish to the Parish of Saint
Margaret Lothbury in the said City."
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;
(videlicet)
His Majesty's Speech.
"My Lords and Gentlemen,
Although the Business of this Session has required
a longer Attendance than may have been consistent
with your private Convenience, yet I am persuaded
that you look back with Satisfaction on the Time you
have employed in a faithful Discharge of your Duty
to your Country, in the present arduous and critical
State of Public Affairs.
I cannot let you depart into your respective Countries, without assuring you of My entire Approbation
of your Conduct, and of My perfect Confidence in
the Loyalty and good Affections of this Parliament.
The Zeal and Ardour which you have shewn for
the Honour of My Crown, your firm and steady
Support of a just Cause, and the great Efforts you
have made to enable Me to surmount all the Difficulties of this extensive and complicated War, must convince the World, that the ancient Spirit of the British
Nation is not abated or diminished.
In the midst of these Difficulties, you have formed
Regulations for the better Management and Improvement of the Revenue; you have given additional
Strength and Stability to Public Credit; and your
Deliberations on the Affairs of the East India Company have terminated in such Measures, as will I
trust, produce great and essential Advantages to My
Kingdoms.
I have observed, with much Satisfaction, that during
the Course of that important Business, your Attention
was not more anxiously directed to the Benefits to be
derived from the Territorial Acquisitions than to the
Happiness and Comfort of the Inhabitants of those remote Provinces.
Whatever may remain to be done for securing those
valuable Possessions, and for restraining the Abuses to
which they are peculiarly liable, you will, I doubt
not, proceed to provide for at your next Meeting,
with the same Wisdom and Temper that have governed
your late Proceedings and Inquiries.
Gentlemen of the House of Commons,
My particular Thanks are due to you for the ample
Provision you have made for the Service of the current Year. I see, with great Pleasure, that you have
had it in your Power to apply so large a Sum to the
Discharge of the Debt of the Navy, and that the Supplies which you have granted, have been raised in a
Manner the least Burthensome to the Property and
Industry of My faithful People.
My Lords and Gentlemen,
While I lament the Continuance of the present
Troubles, and the Extension of the War, I have the
conscious Satisfaction to reflect that the constant Aim
of all My Councils has been to bring back My deluded Subjects in America, to the Happiness and
Liberty they formerly enjoyed, and to see the Tranquillity of Europe restored.
To defend the Dominions, and to maintain the
Rights of this Country, was, on My Part, the sole
Cause, and is the only Object of the War. Peace
is the earnest Wish of My Heart; but I have too firm
a Reliance on the Spirit and Resources of the Nation,
the powerful Assistance of My Parliament, and the Protection of a just and all-ruling Providence, to accept it
upon any other Terms or Conditions than such as
may consist with the Honour and Dignity of My
Crown, and the permanent Interest and Security of
My People."
Then the Lord Chancellor, having received Directions
from His Majesty, said,
Parliament prorogued.
My Lords and Gentlemen,
"It is His Majesty's Royal Will and Pleasure, That this
Parliament be prorogued to Thursday the Thirteenth
Day of September next, to be then here holden; and
this Parliament is accordingly prorogued to Thursday
the Thirteenth Day of September next."