House of Lords Journal Volume 37: January 1785

January 1785

Anno 25^o Georgii Tertii.

DIE Martis, 25^o Januarii 1785.

DIE Martis, 25^o Januarii 1785, Annoque Regni Serenissimi Domini Nostri Georgii Tertii, Dei Gratiâ, Magnæ Britanniæ, Franciæ, et Hiberniæ Regis, Fidei Defensoris, &c. Vicesimo Quinto; in quem Diem hæc Secunda Sessio Parliamenti per separalia Adjournamenta, et Prorogationes continuata fuerat in Superiori Domo Parliamenti Magnæ Britanniæ apud Westmonaster. convenere, Domini tam Spirituales quam Temporales, quorum Nomina subscribuntur, et præsentes fuerunt:

REX.

Georgius princeps Walliæ.

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 "they attend Him immediately in this House."

Who being come, with their Speaker;

His Majesty was pleased to say,

My Lords, and Gentlemen,

His Majesty's Speech.

After the laborious Attendance of the last Session of Parliament, it has given Me peculiar Pleasure, that the Situation of public Affairs has admitted of so long a Recess.

Among the Objects which now require Consideration, I must particularly recommend to your earnest Attention, the Adjustment of such Points in the Commercial Intercourse between Great Britain and Ireland, as are not yet finally arranged; the System which will unite both Kingdoms the most closely, on Principles of reciprocal Advantage, will, I am persuaded, best ensure the general Prosperity of My Dominions.

I have the Satisfaction to acquaint you, that notwithstanding any Appearance of Differences on the Continent, I continue uniformly to receive from all Foreign Powers, the strongest Assurances of their good Disposition towards this Country.

Gentlemen of the House of Commons,

I have ordered the Estimates for the ensuing Year to be laid before you; I confide in your Liberality and Zeal to grant the necessary Supplies, with a just Regard as well to the Œconomy requisite in every Department, as to the Maintenance of the National Credit; and the real Exigencies of the Public Service.

My Lords, and Gentlemen,

The Success which has attended the Measures taken in the last Session towards the Suppression of Smuggling, and for the Improvement of the Revenue, will encourage you to apply yourselves with continual Assiduity to those important Objects. You will, I trust, also take into early Consideration the Matters suggested in the Reports of the Commissioners of Public Accounts, and such further Regulations as may appear to be necessary in the different Offices of the Kingdom.

"I have the fullest Reliance on the Continuance of your faithful and diligent Exertions in every Part of your Public Duty. You may at all Times depend on My hearty Concurrence in every Measure which can tend to alleviate Our National Burthens, to secure the true Principles of the Constitution, and to promote the general Welfare of My People."

Then His Majesty was pleased to retire.

And the Commons withdrew.

The House was adjourned during Pleasure to unrobe.

The House was resumed.

PRAYERS.

E. Waldegrave takes his Seat:

This Day George Earl Waldegrave sat first in Parliament, after the Death of his Father George Earl Waldegrave; his Lordship having first at the Table taken the Oaths, and made and subscribed the Declaration, and also taken and subscribed the Oath of Abjuration, pursuant to the Statutes.

Pedigree delivered.

Garter King at Arms delivered in at the Table his Lordship's Pedigree, pursuant to the Standing Order.

Lords take the Oaths.

This Day Douglas Duke of Brandon, William John Marquis of Lothian Earl of Moray, Brownlow Lord Bishop of Winchester, and John Lord Bishop of Oxford, took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

M. Buckingham introduced:

George Grenville Nugent Earl Temple being by Letters Patent, bearing Date the 4th Day of December, in the Twenty-fifth Year of His present Majesty, created Marquis of Buckingham, was (in his Robes) introduced between the Duke of Northumberland and the Marquis of Lothian (also in their Robes), the Gentleman Usher of the Black Rod, Garter King at Arms, and the Deputy Lord Great Chamberlain, preceding. His Lordship, on his Knee, presented his Patent to the Lord Chancellor at the Woolsack, who delivered it to the Clerk, and the same was read at the Table.

His Writ of Summons was also read as follows; (videlicet)

George the Third, by the Grace of God, of Great Britain, France, and Ireland King, Defender of the Faith, and so forth: To Our right trusty and entirely-beloved Cousin and Counsellor, George Marquis of Buckingham, Greeting: Whereas, by reason of certain arduous and urgent Affairs concerning Us the State, and Defence of Our Kingdom of Great Britain and the Church, We did lately, with the Advice and Consent of Our Council, ordain Our present Parliament to be holden at Our City of Westminster, on the Eighteenth Day of May last past, which Parliament hath been from that Time, by several Adjournments and Prorogations, adjourned, prorogued, and continued to and until the Twenty-fifth Day of January now next coming, at Our City aforesaid, to be then there held; We, strictly enjoining, command you, under the Faith and Allegiance by which you are bound to Us, that, considering the Difficulty of the said Affairs and Dangers impending, all Excuses being laid aside, you be personally present at the said Day and Place, with Us, and with the Prelates, Nobles, and Peers of Our said Kingdom, to treat of the aforesaid Affairs, and to give your Advice: And this you may in nowise omit, as you tender Us and Our Honour, and the Safety and Defence of the said Kingdom and Church, and the Dispatch of the said Affairs.

Witness Ourself at Westminster, the Fourth Day of December, in the Twenty-fifth Year of Our Reign.

"Yorke."

Then his Lordship took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes; and was afterwards placed in his due Place on the upper End of the Earls' Bench.

Pedigree delivered.

Garter King at Arms delivered in at the Table his Lordship's Pedigree, pursuant to the Standing Order.

M. Lansdown introduced:

William Lord Wycombe being by Letters Patent, bearing date the 6th Day of December, in the Twenty-fifth Year of His present Majesty, created Marquis of Lansdown, was (in his Robes) introduced between the Marquis of Lothian and the Marquis of Buckingham (also in their Robes), the Gentleman Usher of the Black Rod, Garter King at Arms, and the Deputy Lord Great Chamberlain preceding. His Lordship, on his Knee, presented his Patent to the Lord Chancellor at the Woolsack, who delivered it to the Clerk; and the same was read at the Table.

His Writ of Summons was also read as follows; (videlicet)

George the Third, by the Grace of God of Great Britain, France and Ireland King, Defender of the Faith, and so forth: To Our right trusty and entirely beloved Cousin and Counsellor, William Marquis of Lansdown, Greeting: Whereas, by reason of certain arduous and urgent Affairs concerning Us the State and Defence of Our Kingdom of Great Britain and the Church, We did lately, with the Advice and Consent of Our Council, ordain Our present Parliament to be holden at Our City of Westminster, on the Eighteenth Day of May last past, which Parliament hath been from that Time, by several Adjournments and Prorogations, adjourned, prorogued, and continued to and until the Twenty-fifth Day of January now next coming, at Our City aforesaid, to be then there held; We strictly enjoining, command you, under the Faith and Allegiance by which you are bound to Us, that considering the Difficulty of the said Affairs, and Dangers impending, all Excuses being laid aside, you be personally present at the said Day and Place, with Us and with the Prelates, Nobles, and Peers of Our said Kingdom, to treat of the aforesaid Affairs, and to give your Advice; and this you may in no wise omit, as you tender Us and Our Honour, and the Safety and Defence of the said Kingdom and Church, and the Dispatch of the said Affairs.

Witness Ourself at Westminster, the Sixth Day of December, in the Twenty-fifth Year of Our Reign.

"Yorke."

Then his Lordship took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes; and was afterwards placed in his due Place on the upper End of the Earls' Bench.

Pedigree delivered.

Garter King at Arms delivered in at the Table his Lordship's Pedigree, pursuant to the Standing Order.

Bill (pro formâ) read.

Hodie 1^a vice lecta est Billa, intituled, "An Act for better regulating Select Vestries."

Mr. Cowper appointed Clerk Assistant.

The Lord Chancellor acquainted the House, "That he was desired by Asbley Cowper Esquire, Clerk of the Parliaments, to inform their Lordships, that he had appointed Henry Cowper Esquire to be their Lordships' Clerk Assistant, in the Room of Samuel Strutt Esquire deceased."

Ordered, That this House doth approve of the said Appointment.

His Majesty's Speech reported:

The Lord Chancellor reported His Majesty's Speech.

And the same being read by the Clerk:

Order for Address thereon.

Ordered, Nemine Dissentiente, That an humble Address be presented to His Majesty, to return His Majesty our humble Thanks for His most gracious Speech from the Throne:

To express our most grateful Sense of His Majesty's Regard for our private Convenience, in not commanding from us an earlier Attendance in Parliament.

To declare to His Majesty our Determination to give our earnest Attention to the Adjustment of such Points in the Commercial Intercourse between Great Britain and Ireland as are not yet finally arranged, trusting that such a System may be framed as may ensure the Prosperity of both Kingdoms, by closely uniting them upon Principles of reciprocal Advantage.

To return His Majesty our warmest Thanks for His gracious Communication of the Assurances which His Majesty continues to receive of the good Disposition of Foreign Powers towards this Country, notwithstanding the Differences which appear to prevail upon the Continent.

That we receive with the greatest Satisfaction the Information which His Majesty is pleased to give us of the Success which has attended the Measures taken in the last Session for the Suppression of Smuggling, and for the Improvement of the Revenue; and to assure His Majesty, that we will apply ourselves with unremitted Attention to Objects of so great Importance to the Prosperity of the Country; and that we will take into our early and most serious Consideration the Matters suggested in the several Reports of the Commissioners of Public Accounts, as well as such further Regulations as may appear to be necessary in the Public Offices of the Kingdom.

To assure His Majesty that he may rely on our faithful and diligent Exertions in every Part of our Duty.

"To express to His Majesty our fullest Confidence in His Majesty's gracious Assurance of His hearty Concurrence in every Measure which may tend to alleviate the National Burthens, to secure the true Principles of the Constitution, and to promote the general Happiness and Welfare of His People."

Then the Lords following were appointed a Committee to prepare an Address, pursuant to the said Order; (videlicet)

Their Lordships, or any Five of them, to meet immediately in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

The House was adjourned during Pleasure; and the Committee withdrew to prepare the Address.

After some Time, the House was resumed:

And the Duke of Brandon reported from the Committee an Address drawn by them as follows; (videlicet)

Address reported and agreed to.

Most Gracious Sovereign,

We, Your Majesty's most dutiful and loyal Subjects, the Lords Spiritual and Temporal, in Parliament assembled, beg Leave to return Your Majesty our humble Thanks for Your Majesty's most gracious Speech from the Throne.

Permit us to express to Your Majesty our most grateful Sense of Your Majesty's Regard for our private Convenience, in not commanding from us an earlier Attendance in Parliament.

Your Majesty may rely on our faithful and diligent Exertions in every Part of our Duty; and, truly sensible of the Importance of the Object, we beg Leave to assure Your Majesty, that it is our Determination to give our immediate Attention to the Adjustment of such Points in the Commercial Intercourse between Great Britain and Ireland, as are not yet finally arranged, trusting that such a System may be formed as may best ensure the Prosperity of both Kingdoms, by closely uniting them upon Principles of reciprocal Advantage.

We desire to return to Your Majesty our warmest Thanks for Your gracious Communication of the Assurances which Your Majesty continues to receive of the good Disposition of Foreign Powers towards this Country, notwithstanding the Differences which appear to prevail upon the Continent.

The Information Your Majesty is pleased to give us of the Success which has attended the Measures taken in the last Session for the Suppression of Smuggling; and for the Improvement of the Revenue, affords us the greatest Satisfaction; and Your Majesty may be assured, that we will apply ourselves with unremitted Attention to Points of such great Concern to the Prosperity of the Country; and that we will take into our early Consideration the Matters suggested in the several Reports of the Commissioners of Public Accounts, as well as such further Regulations as may appear to be necessary in the Public Offices of the Kingdom.

"From the Experience we have had of Your Majesty's paternal Regard for the Interests of all Your Subjects, we beg Leave humbly to express to Your Majesty our fullest Confidence in the gracious Assurance of Your Majesty's hearty Concurrence in every Measure which may tend to alleviate the national Burthens, to secure the true Principles of the Constitution, and to promote the general Happiness and Welfare of Your People."

Which Address, being read by the Clerk, was agreed to by the House.

Ordered, That the said Address be presented to His Majesty by the whole House.

Ordered, That the Lords, with white Staves, do wait on His Majesty humbly to know what Time His Majesty will please to appoint to be attended therewith.

Committee of Privileges appointed.

Lords Committees appointed to consider of the Orders and Customs of this House and Privileges of Parliament, and of the Peers of Great Britain and Lords of Parliament.

Their Lordships, or any Seven of them, to meet on Monday next, at Ten o'Clock, in the House of Peers, and every Monday after; and to adjourn as they please.

Committee for the Journals.

Lords Sub-Committees appointed to consider of the Orders and Customs of this House, and of the Privileges of the Peers of Great Britain and Lords of Parliament; and to peruse and perfect the Journals of this and former Sessions of Parliament.

Their Lordships, or any Three of them, to meet when, where, and as often as they please.

Stoppages in the Streets, Orders to prevent.

The House taking Notice, "That there is such an Interruption by Hackney Coaches, Carts, and Drays, in the Streets and Passages leading to this House, that the Lords and others are frequently hindered from coming thereto:"

It is thereupon Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the High Steward of the City of Westminster, or his Deputy, together with the Justices of the Peace of the said City, shall, by their strict Care and Directions to the Constables and other Officers within their Jurisdiction, take special Order that no empty Hackney Coaches be suffered to make any Stay between Whitehall and the End of Abingdon Street, in Westminster, from Twelve of the Clock at Noon until Five of the Clock in the Afternoon of the same Day, during the Sitting of this Parliament; and that no Carriages, Drays, or Carts, be permitted to stop in the Streets and Passages between the End of Market Lane, in Pall Mall, and the End of Abingdon Street, between the Hours aforesaid; or to pass through the Old Palace Yard from One of the Clock in the Afternoon until One Hour after the Rising of this House, during the Sitting of this Parliament: And that all Carriages, Drays, or Carts, hereby permitted to pass through the said Streets and Passages be obliged to go one after another, in the Manner following: (that is to say) All Carriages, Drays, or Carts going towards Westminster, to keep on the Side of the Street or Passage next to Saint James's Park, and all those going the contrary Way to keep on the other Side of the Street, and upon no account whatsoever to presume to go Two or more abreast during the Sitting of this Parliament: And herein special Care is to be taken by the said Deputy Steward, Justices of the Peace, Constables, and all other Officers herein concerned, as the contrary will be answered to this House: And it is further ordered, That the High Bailiff of the City of Westminster, and the Justices of the Peace for the City and Liberty thereof, or some of them residing in Westminster, be served with the Order of this House, made this Day for the Purposes aforesaid.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, vicesimum sextum diem instantis Januarii, horâ undecimâ Auroræ, Dominis sic decernentibus.

DIE Mercurii, 26^o Januarii 1785.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Sir H. Monro et al. against Forbes et al.

The Answer of Robert Forbes and others, to the Appeal of Sir Hector Monro and others, was this Day brought in.

His Majesty to be attended with Address.

The Lord Steward reported, "That the Lords with White Staves had (according to Order) waited on His Majesty, humbly to know what Time His Majesty would please to appoint to be attended with their Lordships' Address; and that His Majesty had appointed this Day at half an Hour past Two o'Clock, at His Palace of St. James's."

Paterson against Broomfield:

Upon reading the Petition and Appeal of Mrs. Ann Paterson of Eccles, and Philip Anstruther Paterson Esquire, her Husband, complaining of Two Interlocutors of the Lords of Session in Scotland of the 30th of June, and 19th of November 1784, and praying, "That the same may be reversed, varied, or altered, or that the Appellants may have such other Relief in the Premises as to this House, in their Lordships great Wisdom, shall seem meet, and that Stephen Broomfield Esquire, of Hassington Mains, may be required to answer the said Appeal:"

It is Ordered, That the said Stephen Broomfield may have a Copy of the said Appeal, and do put in his Answer thereunto in Writing, on or before Wednesday, the 23d Day of February next; and Service of this Order upon the said Respondent, or upon any of his known Counsel or Agents, in the Court of Session in Scotland, shall be deemed good Service.

Ross to enter into a Recognizance on said Appeal.

The House being moved, "That William Ross, of Lincoln's Inn, Gentleman, may be permitted to enter into a Recognizance for Mrs. Ann Paterson, and Philip Anstruther Paterson, Esquire, her Husband, on account of their Appeal depending in this House, they living in Scotland:"

It is Ordered, That the said William Ross may enter into a Recognizance for the said Appellants, as desired.

Fraser against Lord Advocate for Scotland.

The House being moved, "That a Day may be appointed for hearing the Cause wherein the Honourable Archibald Fraser of Lovat is Appellant, and His Majesty's Advocate for Scotland, and the Officers of State in Behalf of the Crown are Respondents:"

It is Ordered, That this House will hear the said Cause by Counsel at the Bar, on the first vacant Day for Causes after those already appointed.

Bp. of London takes the Oaths.

This Day Robert Lord Bishop of London took the Oaths, and made and subscribed the Declaration; and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Bp. Bristol to preach on 31st instant.

Ordered, That the Lord Bishop of Bristol be and is hereby desired to preach before this House, on Monday the 31st Day of this instant January, in the Abbey Church, Westminster.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, tricesimum primum diem instantis Januarii, horâ undecimâ Auroræ, Dominis sic decernentibus.

DIE Lunæ, 31^o Januarii 1785.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

E. Sussex takes the Oaths.

This Day Henry Earl of Sussex took the Oaths, and made and subscribed the Declaration; and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

King's Answer to Address.

The Lord Chancellor reported, "That the House did on Wednesday last present their Address to His Majesty; to which His Majesty was pleased to return the following most gracious Answer;

My Lords,

I return you My Thanks for this dutiful and affectionate Address.

Nothing can give Me more Satisfaction than your Assurance that you will immediately enter into the Consideration of the Matters which I have laid before you.

You may depend upon the utmost Care and Attention on My Part to settle every Thing which concerns the Interest of My Kingdoms, upon a solid and durable Foundation."

Ordered, That the said Address, together with His Majesty's Most Gracious Answer thereto, be forthwith printed and published.

Grove et al. against Sir J. Grant:

Upon reading the Petition and Appeal of Mrs. Martha Grove and others, the Creditors of the Governor and Company of Undertakers for raising Thames Water in York Buildings, on behalf of themselves and others, the postponed Creditors of said Company, complaining of Three Interlocutors of the Lords of Session in Scotland of the 21st of July, the 24th of November, and 24th of December 1784; and praying, "That the same may be reviewed, varied, or altered; or that the Appellants may have such other Relief in the Premises as to this House, in their Lordships great Wisdom, shall seem meet; and that Sir James Grant of Grant Baronet, may be required to answer the said Appeal:"

It is Ordered, That the said Sir James Grant may have a Copy of the said Appeal, and do put in his Answer thereunto in Writing on or before Monday the 28th Day of February next; and Service of this Order upon the said Respondent, or upon his Counsel or Agent in the Court of Session in Scotland, shall be deemed good Service.

Lloyd to enter into Recognizance on said Appeal.

The House being moved, "That Thomas Lloyd of Bedford Row, in the County of Middlesex, Gentleman, may be permitted to enter into a Recognizance for Mrs. Martha Grove and others, on account of their Appeal depending in this House, they residing in Scotland:"

It is Ordered, That the said Thomas Lloyd may enter into a Recognizance for the said Appellants, as desired.

Beckett against Iveson et al.

The House being moved, "That a Day may be appointed for hearing the Cause, wherein Oliver Beckett Esquire, is Appellant, and George Iveson and others are Respondents:"

It is Ordered, That this House will hear the said Cause by Counsel at the Bar, on the first vacant Day for Causes after those already appointed.

Gammill against Wright.

The House being informed, "That George Wright, Respondent to the Appeal of James Gammill, Merchant in Greenock, had not put in his Answer to the said Appeal, though duly served with the Order of this House for that Purpose:"

And thereupon an Affidavit of James Balfour, Writer to the Signet, of the due Service of the said Order, being read:

Ordered, That the said Respondent do put in his Answer to the said Appeal peremptorily in a Week.

Sir James Nasmyth against Samson.

The House being informed, "That David Samson, Respondent to the Appeal of Sir James Nasmyth of Posso Baronet, had not put in his Answer to the said Appeal, though duly served with the Order of this House for that Purpose:"

And thereupon an Affidavit of William Henry, Writer in Edinburgh, of the due Service of the said Order being read:

Ordered, That the said Respondent do put in his Answer to the said Appeal peremptorily in a Week.

E. Hopetoun against Grove et al.

Upon reading the Petition and Appeal of James Earl of Hopetoun, complaining of Two Interlocutors of the Lords of Session in Scotland, of the 21st of July and 5th of August 1784; and praying, "That the same may be reversed, varied, or amended, or that the Appellant may have such other Relief in the Premises as to this House, in their Lordships' great Wisdom, shall seem just; and that Martha Grove, Daughter and Heir at Law of Samuel Grove, late of Saint James's, Westminster, Bachelor of Laws, deceased, and other Creditors of the York Buildings Company, may be required to answer the said Appeal:"

It is Ordered, That the said Martha Grove, and the said other Creditors of the York Buildings Company, may have a Copy of the said Appeal, and do put in their Answer or respective Answers thereunto in Writing, on or before Monday the 28th Day of February next; and Service of this Order upon the said Respondents, or upon their known Agents or Counsel in the Court of Session in Scotland, shall be deemed good Service.

Chalmer to enter into Recognizance on said Appeal.

The House being moved, "That James Chalmer of Buckingham Street, in the County of Middlesex Gentleman, may be permitted to enter into a Recognizance for James Earl of Hopetoun, on Account of his Appeal depending in this House, he being in Scotland:"

It is Ordered, That the said James Chalmer may enter into a Recognizance for the said Appellant, as desired.

Corbitt et al. against Barry and King.

The House being informed, "That William Barry, Merchant in Cork, and James King Junior, Merchant in Port Glasgow, Respondents to the Appeal of Cuningham Corbitt, and others, Merchants in Glasgow, had not put in their Answer to the said Appeal, though duly served with the Order of this House for that Purpose:"

And thereupon an Affidavit of Alexander Ferguson Writer in Edinburgh, of the due Service of the said Order, being read:

Ordered, That the said Respondents do put in their Answer to the said Appeal peremptorily in a Week.

M^cClure and M^cCree against Paterson et al.

The House being informed, "That John Paterson, and others, Respondents to the Appeal of Messieurs M^cClure and M^cCree, Merchants in Ayr, had not put in their Answer to the said Appeal, though duly served with the Order of this House for that Purpose:"

And thereupon an Affidavit of George Tod Writer in Edinburgh, of the due Service of the said Order, being read:

Ordered, That the said Respondents do put in their Answer to the said Appeal peremptorily in a Week.

Appeals, Time limited for prosecuting, enlarged.

Notice was taken, "That the Time limited by the standing Orders of this House of the 5th of April 1720, requiring Appeals to be prosecuted within eight Days from the first Day of every Session or Meeting of Parliament, expires on Wednesday next."

Ordered, That the Time limited for that Purpose be extended to the next Sitting Day of the House.

King Charles's Martyrdom observed.

Then in order to solemnize this Day, being appointed by Act of Parliament to be observed as a Day of Fasting and Humiliation, for the Martyrdom of King Charles the First:

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, tertium diem Februarii, jam prox. sequen. horâ undecimâ Auroræ, Dominis sic decernentibus.