House of Lords Journal Volume 36
July 1781 11-20

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History of Parliament Trust

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1767-1830

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354-362

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'House of Lords Journal Volume 36: July 1781 11-20', Journal of the House of Lords volume 36: 1779-1783 (1767-1830), pp. 354-362. URL: http://www.british-history.ac.uk/report.aspx?compid=116689 Date accessed: 26 July 2014.


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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."