House of Lords Journal Volume 33: November 1772

Die Martis, 17^o November 1772.

Domini praesentes fuerunt:

The Lord Chancellor acquainted the House, That His Majesty had been pleased to grant a Commission under the Great Seal, for the further Prorogation of the Parliament.

Then Three of the Lords Commissioners, being in their Robes, and seated on a Form placed between the Throne and the Woolsack, the Lord Chancellor in the Middle, with the Archbishop of Canterbury on his Right Hand, and the Lord President on his Left, commanded the Yeoman Usher of the Black Rod to let the Commons know, The Lords Commissioners desire their immediate Attendance in this House, to hear the Commission read:

Who being come, with their Speaker,

The Commission was read by the Clerk, as follows:

Commission for proroguing the Parliament.

George R.

George the Third, by the Grace of God, of Great Britain, France and Ireland, King, Defender of the Faith, and so forth: To Our Most dear Brothers and faithful Counsellors, William Duke of Gloucester, Henry Duke of Cumberland; the Moll Reverend Father in God, and Our faithful Counsellor, Frederick Archbishop of Canterbury, Primate and Metropolitan of all England; Our Well-beloved and faithful Counsellor Henry Lord Apsley, Our Chancellor of Great Britain; the Most Reverend Father in God, and Our faithful Counsellor, Robert Archbishop of York, Primate and Metropolitan of England; Our Most dear Cousins and Counsellors, Granville Earl Gower, President of Our Council; Augustus Henry Duke of Grafton, Keeper of Our Privy Seal; Edward Duke of Somerset, Charles Duke of Richmond, Harry Duke of Bolton, Thomas Duke of Leeds, George Duke of Marlborough, John Duke of Rutland, Peregrine Duke of Ancaster and Kesteven, Great Chamberlain of England; William Henry Duke of Portland, Henry Duke of Newcastle, Hugh Duke of Northumberland, Charles Marquis of Rockingham, William Earl Talbot, Steward of Our Household; Francis Seymour Earl of Hertford, Chamberlain of Our Household; Francis Earl of Huntingdon, Henry Earl of Suffolk and Berkshire, One of Our Principal Secretaries of State; Basil Earl of Denbigh, Philip Earl of Chesterfield, John Earl of Sandwich, Robert Earl of Holdernesse, Richard Earl of Scarborough, William Henry Earl of Rochford, One other of Our Principal Secretaries of State; George Bussy Earl of Jersey, Thomas Earl of Kinnoul, Hugh Earl of Marchmont, John Earl of Bute, William Earl of Dartmouth, One other of Our Principal Secretaries of State; George William Earl of Bristol, George Earl of Pomfret, John Earl of Ashburnham, John Earl of Buckinghamshire, Richard Earl Temple, Simon Earl Harcourt, Charles Earl Cornwallis, Philip Earl of Hardwicke, Stephen Earl of Ilchester, William Earl of Chatham, Allen Earl Bathurst, Wills Hill Earl of Hillsborough, George Viscount Townshend, Thomas Viscount Weymouth, David Viscount Stormont, Hugh Viscount Falmouth, the Right Reverend Father in God, and Our faithful Counsellor, Richard Lord Bishop of London; and Our Well-beloved and faithful Counsellors, Francis Lord Le Despencer, John Lord Berkeley of Stratton, Charles Shaw Lord Cathcart, George Lord Edgecumbe, William Lord Ponsonby, Thomas Lord Hyde, William Lord Mansfield, Our Chief Justice assigned to hold Pleas before Us; George Lord Lyttelton, William Lord Wycombe, Thomas Lord Grantham, Thomas Lord Pelham, Henry Lord Holland, and Charles Lord Camden, Greeting: Whereas We did lately, for divers difficult and pressing Affairs, concerning us, the State and Defence of Our Kingdom of Great Britain, and the Church, ordain this Our present Parliament to begin and to be held, at Our City of Westminster, the Tenth Day of May, in the Eighth Year of Our Reign, on which Day Our said Parliament was begun and held, and from thence, by several Adjournments and Prorogations, was adjourned and prorogued to and until Tuesday the Seventeenth Day of November next, then to be held, and fit at Our City of Westminster aforesaid: Know ye nevertheless, that for certain pressing Causes and Considerations Us especially moving, We have thought fit further to prorogue Our said Parliament; therefore, We, confiding very much in your Fidelity, Prudence, and Circumspection, have, by the Advice and Consent of Our Council, assigned you Our Commissioners, giving to you, or to any Three or more of you, by virtue of these Presents, full Power and Authority, from the said Seventeenth Day of November next, in Our Name, furcher to prorogue and continue Our present Parliament at Our City of Westminster aforesaid, until and unto Thursday the Twenty-sixth Day of the said Month of November, there then to be held and fit: And therefore We command you that you diligently attend to the Premises, and effectually fulfil them in the Manner aforesaid: We also strictly command all and Angular Our Archbishops, Dukes, Marquisses, Earls, Viscounts, Bishops, Barons, Knights, Citizens, Burgesses, and Commissioners, for Our Counties and Boroughs, and all others whom it concerns, to meet at Our said Parliament, by virtue of these Presents, that they observe, obey, and assist you in executing the Premises as, they ought to do. In Witness whereof We have caused these Our Letters to be made Patent.

Witness Ourself, at Westminster, the Fourteenth Day of October in the Twelfth Year of Our Reign.

By the King Himself, signed with His own Hand.

Yorke.

Then the Lord Chancellor said,

Parliament prorogued.

My Lords, and Gentlemen,

By virtue of His Majestys Commission under the Great Seal, to Us and other Lords directed, and now read, We do, in His Majestys Name, and in Obedience to His Commands, prorogue this Parliament to Thursday the 26th Day of this instant November, to be then here holden; and this Parliament is accordingly prorogued to Thursday the 26th Day of this instant November.

Die Luna, 23^o Junii 1794.

Hitherto examined by us, and inserted the Word [Rex] in Page 764, Line 1.

Leeds.

Lauderdale.

John Bangor.

Anno 13^o Georgii Tertii.

Die Jovis, 26^o November 1772, Annoque Regni Serenissimi Domini Nostri Georgii Tertii, Dei Gratia, Magn Britanni, Franci, & Hibni, Regis, Fidei Defensoris, &c. Decimo tertio; in queen Diem hc Sexta Sessio Parliamenti per separalia Adjournamenta & Prorogationes continuata fuerat; in Superiori Domo Parliamenti Magn Britanni apud Westmonaster, convenere, Domini tam Spirituales quam Temporales, quorum Nomina subscribuntur, & prsentes fuerunt:

REX.

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 Majestys Pleasure they attend Him immediately in this House:

Who being come, with their Speaker, His Majesty was pleased to say:

His Majestys Speech.

My Lords, and Gentlemen,

I should most willingly have consulted your private Convenience, by allowing you a longer Recess from Business, if I had not thought that some very important Parts of the Publick Service required the immediate Attention of Parliament.

It is impossible that I can look with Indifference upon whatever concerns either the Commerce and Revenue of the Kingdom at large, or the private Rights and Interests of considerable Numbers among My People; neither can I be insensible how materially every One of these great Objects must be interested in the Maintenance of the Credit and Prosperity of the East India Company. When therefore I received Information of the Difficulties in which that Company appear to be involved, I determined to give you an early Opportunity of informing yourselves fully of the true State of their Affairs, and of making such Provisions for the common Benefit and Security of all the various Interests concerned, as you shall find best adapted to the Exigencies of the Case.

I have the Satisfaction to acquaint you that there is Reason to hope that the War which has so long unhappily prevailed in One Part of Europe is now drawing to a Conclusion; and although there was no Probability of Our being involved therein, yet, the Discontinuance of those Troubles will afford a fairer Prospect of the Duration of Peace, which I trust the Alterations that have happened in Europe will not in their Consequences affect.

I continue to receive from Foreign Powers the strongest Assurances of their Pacifick Dispositions towards this Country; and it shall be my constant Endeavour to preserve the general Tranquillity, as far as is consistent with the Honour of My Crown, and the Interests of My People.

Gentlemen of the House of Commons,

It gives Me much Satisfaction that the Continuance of Peace has enabled Me to proceed in the Reduction of the Establishment of My Naval Forces; but you will, I am confident, agree with Me, that a considerable Strength at Sea must be ever necessary for preserving the Reputation and Power of My Kingdoms.

The proper Estimates for the ensuing Year shall be laid before you, and whatever Supplies you may grant shall, on My Part, be managed with the strictest Oeconomy, and applied with the utmost Fidelity.

My Lords, and Gentlemen,

I cannot but feel the most real Concern that the Produce of the late Harvest has not given Us the Relief which We had hoped for in respect to the Dearness of Corn. As far as human Wisdom can provide for alleviating the Distresses of the Poor, I am persuaded your Attention will not be wanting; and you cannot gratify Me more than by calling upon Me for My Concurrence in whatever may contribute to the true Welfare and Happiness of all 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.

Wills Lord Harwich being, by Letters Patent, bearing Date the Twenty-eighth Day of August in the Twelfth Year of His present Majesty, created Earl of Hillsborough and Viscount Fairford, was, in his Robes, introduced between the Lord President and the Earl of Dartmouth, (also in their Robes), the Gentleman Usher of the Black Rod, Garter King at Arms, the Deputy Earl Marshal, and the 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:

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 Right. Well-beloved Cousin and Counsellor, Wills Earl of Hillsborough, 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, oh the Tenth Day of May in the Eighth Year of Our Reign, which Parliament hath been from that Time, by several Adjournments and Prorogations, adjourned, prorogued, and continued, to and until the Twenty-sixth Day of this instant November, 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 Twentieth Day of November, in the Thirteenth Year of Our Reign.

Yorke.

Then His Lordship came to the Table, and 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 on the lower End of the Earls Bench.

Garter King at Arms delivered in the Pedigrees of Robert Earl of Litchfield, and Other Windsor Earl of Plymouth.

Bill pro forma read.

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

The Kings Speech reported.

The Lord Chancellor reported His Majestys Speech.

And the same being read by the Clerk:

Motion for Address.

Ordered, That an humble Address be presented to His Majesty, To return His Majesty, the Thanks of this House for His most gracious Speech from the Throne.

To acknowledge our Sense of His Majestys Goodness in the gracious Assurances we have received, that His Majesty would have consulted our private Convenience, if some very interesting Publick Concerns had not required the early Meeting of Parliament.

To assure His Majesty, that we will apply ourselves diligently to whatever may concern the Commerce or Revenue of the Kingdom, or the Rights and Interests of any Part of His Subjects; that we are thoroughly convinced the Affairs of the East India Company deserve and require the most serious Consideration of Parliament, and that we will not neglect an Object of such national Importance.

To express the Happiness we feel at having Reason to hope, from the Communication His Majesty has been pleased to make to us, that the War, which has so long prevailed in One Part of Europe, is drawing to a Conclusion, a Happiness that is greatly increased by the additional Prospect it affords of the Duration of Peace, which, we trust, the Alterations that have happened in Europe, will not, in their Consequences affect, being ever firmly persuaded that His Majestys uniform Endeavours to preserve the general Tranquillity will be directed, on all Occasions, by a due Regard to the Honour of His Crown, and the Interests of His People.

That, with Hearts deeply affected, we learn, that the Produce of the late Harvest has not given the Relief so essentially necessary to the poorer Sort of His Majestys Subjects; and, conscious that we can do no Act so acceptable to His Majesty, as exerting our strongest Efforts to contribute to the Ease and Comfort of all His People, this Object, which His Majestys Paternal Care and Tenderness have so particularly pointed out, shall engage our utmost Attention.

The Lords following were appointed a Committee to prepare an Address pursuant thereto; (videlicet),

Their Lordships, or any Five of them, to meet immediately, in the Princes 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:

Address reported.

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

Most Gracious Sovereign,

We Your Majestys most dutiful and loyal Subjects the Lords Spiritual and Temporal, in Parliament assembled, return our humble and most unfeigned Thanks to Your Majesty, for Your most Gracious Speech from the Throne.

We gratefully acknowledge Your Majestys Goodness, in the gracious Assurances we have received, that Your Majesty would have consulted our private Convenience, if some very interesting Publick Concerns had not required the early Meeting of Parliament.

Your Majesty may be assured, that we will apply ourselves diligently to whatever may concern the Commerce or Revenue of the Kingdom, or the Rights and Interests of any Part of Your Majestys Subjects; that we are thoroughly convinced the Affairs of the East India Company deserve and require our most serious Consideration; and that we will not neglect an Object of such national Importance.

Permit us, Sir, to express the Happiness we feel, at having Reason to hope, from the Communication Your Majesty has been pleased to make to us, that the War, which has so long prevailed in One Part of Europe, is drawing to a Conclusion, a Happiness that is greatly encreased by the additional Prospect it affords of the Duration of Peace, which we trust, the Alterations that have happened in Europe, will not in their Consequences affect, being ever firmly persuaded that Your Majestys uniform Endeavours to preserve the general Tranquillity, will be directed, on all Occasions, by a due Regard to the Honour of Your Crown, and the Interests of Your People.

With Hearts deeply affected, we learn that the Produce of the late Harvest has not given the Relief so essentially necessary to the poorer Sort of Your Majestys Subjects; and conscious that we can do no Act so acceptable to Your Majesty, as exerting our utmost Efforts to contribute to the Ease and Comfort of all Your People, we beg Leave to assure Your Majesty, that this Object, which Your Paternal Care and Tenderness have so particularly pointed out, shall engage our utmost Attention.

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.

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 oClock, 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, Order 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 Diligence, 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 Jameses 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 a-breast, 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.

Bolt against Attorney General.

The Answer of His Majestys Attorney General, at the Relation of the United Company of Merchants of England trading to the East Indies, and of the said United Company, the Relators to the Appeal of William Bolts Esquire, was this Day brought in.

Adjourn.

Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad et in diem Veneris, vicesimum septimum diem instantis Novembris, hora undecima Auror, Dominis sic decernentibus.

Die Veneris, 27^o Novembris 1772.

Domini tam Spirituales quam Temporales prsentes fuerunt:

PRAYERS.

His Majesty to be attended with the Address.

The Lord Chamberlain 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 Two oClock, at His Palace of Saint James.

Kennion against Gardner et al.

Upon reading the Petition and Appeal of John Kennion Esquire, complaining of a Decree of the Court of Chancery of the 14th Day of June 1768; and praying, That the same may be reversed, so far as it concerns the Appellant, or that the Appellant may have such other Relief in the Premises, as to this House, in their Lordships great Wisdom shall seem meet; and that Samuel Gardner, John Turner, Samuel Hucks, John Bindley, William Wright, and William Maskall, may be required to answer the said Appeal:

It is Ordered, That the said Samuel Gardner, John Turner, Samuel Hucks, John Bindley, William Wright, and William Maskall, may have a Copy of the said Appeal, and do put in their Answer, or respective Answers, thereunto, in Writing, on or before Friday the 11th Day of December next.

Coltart against Fraser.

Upon reading the Petition and Appeal of John Coltart of Arceming, complaining of Two Interlocutors of the Lords of Session in Scotland, of the 13th of December 1768, and 9th of March 1769; and praying, That the same may be reversed, varied, or altered, or that the Appellant may have such other Relief in the Premises, as to this House, in their Lordships great Wisdom shall seem meet; and that William Fraser, as Heir and Successor to his Father Joseph Fraser deceased, may be required to answer the said Appeal:

It is Ordered, That the said William Fraser may have a Copy of the said Appeal, and do put in his Answer thereunto in Writing, on or before Friday the 25th Day of December next; and that Service of this Order upon the said Respondent, or upon any of his known Agents in the said Court of Session in Scotland, shall be deemed good Service.

Alexender against Chrystie.

The House being informed, That James Chrystie, Respondent to the Appeal of Robert Alexander Esquire, Merchant in Edinburgh, 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 John Flockhart 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.

Maclatchie against Brand.

The House being informed, That Mary Brand, Respondent to "the Appeal of Alexander Maclatchie Taylor in London, had not put in (fn. 1) her Answer to the said Appeal, though duly served with the Order of this House for that Purpose:

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

Ordered, That the said Respondent do put in (fn. 1) her Answer to the said Appeal, peremptorily, in a Week.

Judah against Furnass and Rich.

Upon reading the Petition of Robert Furnass and Charles Rich, Defendants in a Writ of Error depending in this House, wherein Abraham Judah is Plaintiff; setting forth, That the Plaintiff in Error hath not assigned Errors within the Time limited by the Standing Order; and therefore praying, That the said Writ of Error may be nonprosd, with such Costs as to their Lordships shall seem meet:

Writ of En nonposd with Costs.

It is Ordered, That the Petitioners do forthwith enter a Nonpros. on the said Writ of Error as desired, and that the Record be remitted to the Court of Kings Bench, to the End Execution may be had upon the Judgement given by that Court, as if no such Writ of Error had been brought into this House: And further, that the Plaintiff in Error do pay, or cause to be paid to the Defendants in Error, the Sum of Twenty Pounds for his Costs by Reason of the Delay of the Execution of the said Judgement.

Rutherfoord et al. against Hamilton.

The House being moved, That a Day may be appointed for hearing the Cause wherein James Rutherfoord and others are Appellants, and Robert Hamilton is Respondent:

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.

Salter against Hite et al.

The House being moved, That a Day may be appointed for hearing the Cause, wherein Ann Salter Spinster is Appellant, and Francis Hite 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.

Caused put off.

Ordered, That the Hearing of the Cause, wherein John Earl of Rothes is Appellant, and Sir John Anstruther Baronet is Respondent, which stands appointed for Wednesday next, be put off to Friday next; and that the Rest of the Causes be removed in Course.

Adjourn.

Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad et in diem Mercurii, secundum diem Decembris jam prox. sequen. hora undecima Auror, Dominis sic decernentibus.