Pages 393-399
Journal of the House of Lords Volume 32, 1768-1770. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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Anno 10o Georgii Tertii.
DIE Martis, 9o januarii 1770, Annoque Regni Serenissimi Domini Nostri Georgii Tertii, Dei Gratia, Magna Britannia, Francia, & Hib'niæ Regis, Fidei Defensoris, & Decimo, in quem Diem haec Tertia Sessio Parliamenti, per separalia Adjournamenta et Prorogations, continuata fuerat, in Superiori Domo Parliamenti Magnæ Britannia apud Westmonaster. convenere, Domini tam Spirituales quam Temporales, quorum Nomina subscribuntur, & praesentes fuerunt:
REX.
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 they attend Him immediately in this House.”
Who being come, with their Speaker;
His Majesty was pleased to speak as follows:
His Majesty's Speech.
My Lords, and Gentlemen,
It is with much Concern, that I find Myself obliged to open this Session of Parliament with acquainting you, that the Distemper among the Horned Cattle has lately broke out in this Kingdom, notwithstanding every Precaution that could be used for preventing the Insection from Foreign Parts: Upon the First Notice of its actual Appearance, My next Attention was to endeavour to stop, if possible, its further Progress; and as the Success of those Endeavours must, in all Probability, have been entirely defeated by any the least Degree of Delay in the Application of them, I thought it absolutely necessary, with the Advice of My Privy Council, to give immediate Directions for every Step to be taken, that appeared most capable of checking the instant Danger of the spreading of the Infection, until I could have an Opportunity of consulting My Parliament upon some more permanent Measures for securing Us against so great a Calamity; and to your immediate and Most serious Consideration, I earnestly recommend this very important Object.
I have given My Parliament repeated Assurances, that it has always been My fixed Purpose to preserve the General Tranquillity, maintaining, at the same Time, the Dignity and Honour of My Crown, together with the just Rights and Interests of My People; the uncommon Burthens which My Subjects have borne so cheerfully, in order to bring the late War to a happy Conclusion, must be an additional Motive to make (fn. 1) Me vigilant to prevent the present Disturbances in Europe from extending to any Part where the Security, Honour, or Interest, of this Nation may make it necessary for My Crown to become a Party: The Assurances which I receive from the other great Powers, afford Me Reason to believe, that My Endeavours will continue to be successful. I shall still make the General Interests of Europe the Object of My Attention, and while I steadily support My own Rights, I shall be equally careful not to acknowledge the Claims of any other, Powers, contrary to the Limitations of the late Treaties of Peace.
It is needless for Me to recommend to the serious Attention of My Parliament the State of My Government in America: I have endeavoured, on My Part, by every Means, to bring back My Subjects there to their Duty, and to a due Sense of lawful Authority. It gives Me much Concern to inform you, that the Success of My Endeavours has not answered My Expectations; and that, in some of My Colonies, many Persons have embarked in Measures highly unwarrantable, and calculated to destroy the Commercial Connection between them and the Mother Country.
Gentlemen of the House of Commons,
I have ordered the proper Estimates for the Service of the Current Year to be laid before you. I am persuaded that your Affection for My Person and Government, and your Zeal for the Public Good, will induce you to grant such Supplies as are necessary; and you may be assured that, on My Part, they shall be managed with the strictest (Economy.
My Lords, and Gentlemen,
“As the Welfare and Prosperity of My People have always been the Object of My Wishes and the Rule of My Actions, so I am persuaded, from My Experience of your Conduct, that you will be governed in your Proceedings by the same Principles: My ready Concurrence and Support, in every Measure that may serve to promote those Ends, you may always depend upon. On you it will be now more than ever incumbent, Most carefully to avoid all Heats and Animosities amongst yourselves, and to cultivate that Spirit of Harmony which becomes those who have but One common Object in their View, and which may be Most likely to give Authority and Efficacy to the Result of your Deliberations; such a Conduct on your Part will, above all Things, contribute to maintain, in their proper Lustre, the Strength, the Reputation, and the Prosperity, of this Country; to strengthen the Attachment of My Subjects to that excellent Constitution of Government from which they derive such distinguished Advantages; and to cause the firm Reliance and Confidence which I have in the Wisdom of My Parliament, as well as in their Zeal for the true Interest of My People, to be justified and approved, both at Home and Abroad.”
Then His Majesty was pleased to retire.
And the Commons withdrew.
The House was adjourned during Pleasure, to unrobe.
The House was resumed.
PRAYERS.
Pedigrees of Peers delivered in.
Garter King at Arms delivered in at the Table the Pedigrees of Frederick Earl of Carlisle, William Earl Fitzwilliam, and George Bussy Earl of Jersey, pursuant to the Standing Order.
E. Carlisle, E. Jersey, and E. Fitzwilliam, take their Seats.
This Day Frederick Earl of Carlisle sat First in Parliament, after the Death of His Father Henry Earl of Carlisle:
Also, This Day George Bussy Earl of Jersey sat First in Parliament, after the Death of his Father William Earl of Jersey:
And also, William Earl Fitzwilliam sat First in Parliament, after the Death of His Father William Earl Fitzwilliam; their Lordships 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.
Lords take the Oaths.
Edward Duke of Somerset, William Earl of Chatham, Jonathan Lord Bishop of Saint Asaph, Shute Lord Bishop of Landaff, and John Lord Bishop of Peterborough, took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.
Bill pro Forma read.
Hodie 1a vice lecta est Billa, intituled, “An Act for the better regulating Select Vestries.
His Majesty's Speech reported.
The Lord Chancellor reported His Majesty's Speech.
And the same being read by the Clerk:
Motion for Address.
Moved, “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 assure His Majesty, that it is with the greatest Concern we have understood that the Distemper among the Horned Cattle has lately broke out in this Kingdom; to express our Gratitude for His Majesty's paternal Care and Attention to the Welfare of His People in the Steps which it has pleased His Majesty to take, by and with the Advice of His Privy Council, to check the instant Danger of the spreading of the Distemper upon the First Notice of its Appearance; and to assure His Majesty, that we will immediately enter into the most serious Consideration of this very important Object, and will exert our utmost Endeavours in taking such effectual Measures as may secure us against so great a Calamity.
To return our Thanks to His Majesty for the repeated Assurances His Majesty has been pleased to give Us of His fixed Purpose to preserve the Peace, maintaining, at the same Lime, the Dignity of His Crown, and the Interests of His People.
To express our dutiful Sense of His Majesty's provident Attention to prevent the Necessity of involving His Subjects in fresh Difficulties, after the great Burthens to which they so cheerfully submitted, in order to bring the late War to a happy Conclusion; and our Satisfaction to find that the Assurances given to His Majesty by the other great Powers of Europe, afford Reason to hope that, without Prejudice either to the Honour of His Crown, the Rights of His People, or the General Interests of Europe, it may still be in His Majesty's Power to continue to His Subjects the farther Enjoyment of the Blessings of Peace.
To assure His Majesty, that we will take into our most serious Consideration the State of His Government in America; to express our utMost Concern that His Majesty's paternal Endeavours to bring back His Subjects there to a due Sense of lawful Authority, have not answered His Majesty's Expectations; and that we shall be ready to give every assistance in our Power for rendering effectual these His Majesty gracious Intentions, and for discountenancing those unwarrantable Measures practised in some of His Majesty's Colonies, which appear calculated to destroy the Commercial Connexion between them and the Mother Country.
“To assure His Majesty, that we are thoroughly sensible that the Welfare of His People has ever been the Object of His Wishes, and the Rule of all His Actions; and that we will endeavour to deserve the favourable Opinion which His Majesty is graciously pleased to express of our being governed by the same Principles: That we have a Most thorough Reliance on His Majesty's promised. Support, in such Measures as may serve to promote those Ends: That as it is peculiarly incumbent upon us, at present, to avoid Heats and Animosities among ourselves, so we shall endeavour to cultivate that Harmony which is so necessary to the common Cause, and which alone can render our Deliberations respectable and effectual; being fully persuaded that such a Conduct, on our Part, must greatly contribute to the Happiness and Prosperity of this Country, and to establish a due Sense of the very distinguished Advantages of our happy Constitution, as well as a firm Attachment to it, and must justify, both at Home and Abroad, His Majesty's Gracious Confidence in the Wisdom of His Parliament, and in their Zeal for the true Interests of His People.”
Amendment proposed and disagreed to.
Then an Amendment was proposed to be made to said Motion, by inserting, after the Words [“and which alone can render our Deliberations respectable and effectual”] the following Words:
[“And for these great and essential Purposes, we will, with all convenient Speed, take into our Most serious Consideration, the Causes of the Discontents which prevail in so many Parts of Your Majesty's Dominions, and particularly the late Proceedings of the House of Commons touching the Incapacity of John Wilkes Esquire, expelled by that House, to be elected a Member to serve in this present Parliament, thereby refusing, by a Resolution of One Branch of the Legislature only, to the Subject his common Right, and depriving the Electors of Middlesex of their free Choice of a Representative.”]
Which being objected to:
After long Debate:
The Question was put, “Whether those Words shall be inserted in the said Motion?”
It was resolved in the Negative.
Then the said Motion, as at First proposed, was agreed to.
And 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 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 Ancaster reported from the Committee an Address, drawn by them, as follows; (videlicet),
Address reported.
Most Gracious Sovereign,
We, Your Majesty's Most dutiful and loyal Subjects, the Lords Spiritual and Temporal, in Parliament assembled, return Your Majesty our humble Thanks, for Your Most gracious Speech from the Throne.
We beg Leave to assure Your Majesty, that it is with the greatest Concern we have understood that the Distemper among the Horned Cattle has lately broke out in this Kingdom; we desire to express our Gratitude for Your Majesty's paternal Care and Attention to the Welfare of Your People, in the Steps which it has pleased Your Majesty to take, with the Advice of Your Privy Council, to check the instant Danger of the spreading of the Distemper upon the First Notice of its Appearance; and to assure Your Majesty, that we will immediately enter into the most serious Consideration of this very important Object, and will exert our utMost Endeavours in taking such effectual Measures as may secure us against so great a Calamity.
We return Your Majesty our Thanks for the repeated Assurances Your Majesty has been pleased to give us of Your fixed Purpose to preserve the Peace, maintaining, at the same Time, the Dignity of Your Crown, and the Interests of Your People. We have a dutiful Sense of Your Majesty's provident Attention to prevent the Necessity of invoLving Your Subjects in fresh Difficulties after the great Burthens to which they so cheerfully Submitted, in order to bring the late War to a happy Conclusion; and we have great Satisfaction in finding that the Assurances given to Your Majesty by the other great Powers of Europe, afford Reason to believe that, without Prejudice either to the Honour of Your Crown, the Rights of Your People, or the general Interests of Europe, it may still be in Your Majesty's Power to continue to Your Subjects the farther Enjoyments of the Blessings of Peace.
We assure Your Majesty, that we will take into dur Most serious Consideration the State of Your Government in America: We beg Leave to express our utMost Concern that the Success of Your Majesty's Endeavours to bring back Your Subjects there to a due Sense of lawful Authority, have not answered Your Majesty's Expectations. We shall be ready to give every Assistance in our Power for rendering effectual these Your Majesty's gracious Intentions, and for discountenancing those unwarrantable Measures practised in some of Your Majesty's Colonies, which appear calculated to destroy the Commercial Connexion between them and the Mother Country.
“We think it our Duty to assure Your Majesty, that we are thoroughly sensible that the Welfare of Your People has ever been the Object of Your Wishes, and the Rule of all Your Actions; and that we will endeavour to deserve the favourable Opinion which Your Majesty is graciously pleased to express of our being governed by the same Principles: That we have a perfect Reliance on Your Majesty's promised Support in such Measures, as may serve to promote those Ends; that as it is peculiarly incumbent upon us, at present, to avoid Heats and Animosities among ourselves, so we (hall endeavour to cultivate that Harmony which is so necessary to the common Cause, and which alone can render our Deliberations respectable and effectual; being fully persuaded that such a Conduction our Part, must greatly contribute to the Happiness and Prosperity of this Country, and to establish a due Sense of the very distinguished Advantages of our happy Constitution, as well as a firm Attachment to it, and must justify, both at Home and Abroad, Your Majesty's Gracious Con fidence in the Wisdom of Your Parliament, and in their Zeal for the true Interests 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.
Committees 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 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, 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 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, decimum diem instantis Januarii, hora undecima Auroræ Dominis sic decernentibus.
DIE Mercurii, 10o Januarii 1770.
Domini tam Spirituales quam Temporales præsentes fuerunt:
| Epus. Lincoln. | Ds. Camden, Cancellarius. | Ds. Willoughby Par. |
| Epus. Meneven. | Comes Hertford Camerarius. | Ds. Boston. |
| Epus. Petriburg | Comes Abercorn. | |
| Viscount Montague |
PRAYERS.
Simpson against Mac Donald and Mac Millan.
The Answer of William Mac (fn. 2) Donalds Writer to His Majesty's Signet at Edinburgh, and of Alexander Mac Millan Merchant in Cork, in the Kingdom of Ireland, to the Appeal of James Simpson Merchant in Glasgow, was this Day brought in.
His Majesty to be attended With Address.
The Lord Chamberlain reported, “That the Lords with White Staves had (according to Order) waited on His Majesty, humbly to know what Time He would please to appoint to be attended with their Lordships Address; and that His Majesty had appointed this Day, at Two o'Clock, at His Palace of Saint James.”
Edmonstone against Edmonstone et al.
Upon reading the Petition and Appeal of Archibald Edmonstone of Duntrcath Esquire, complaining of Two Interlocutors of the Court of Session in Scotland, of the 29th Day of June and 24th of November 1769; and praying, “That the lame may be reversed 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 Campbell Edmonstone Esquire, and the other Defenders called in the said Action, may be required to answer the said Appeal:”
It is Ordered, That the said Campbell Edmonstone and the said other Defenders may have a Copy of the said Appeal, and do put in their Answer, or respective Answers, thereunto, in Writing, on or before Wednesday the 7th Day of February next; and Service of this Order upon the said Respondents, or upon their known Agent or Counsel, in the said Court of Session in Scotland, shall be deemed good Service.
M'Kinnon et al. against Sir Alexander Mac Donald et al.
Upon reading the Petition and Appeal of Charles M'Kinnon of M'Kinnon, and his Curators, complaining of sour Interlocutors of the Lords of Session in Scotland, of the 25th of January 1763, 12th of December 1764, and 15th and 27th of February 1765; and praying, “That the same may be reversed, or that the Appellant may have such Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that Sir Alexander Mac Donald, Brother and Heir of the deceased Sir James Mac Donald, John Mackenzie Writer to the Signet his Trustee, and Lieutenant John M'Kinnon, may be required to answer the said Appeal:”
It is Ordered, That the said Sir Alexander Mac Donald, Brother and Heir of the deceased Sir James Mac Donald, John Mackenzie Writer to the Signet his Trustee, and Lieutenant John M'Kinnon, may have a Copy of the said Appeal, and do put in their Answer, or respective Answers, thereunto, in Writing, on or before Wednesday the 7th Day of February next; and Service of this Order upon the said Respondents, or any of their Lawyers or Agents, in the said Court of Session in Scotland, shall be deemed good Service.
Patten et al. against Carruthers et al.
Upon reading the Petition and Appeal of Thomas Patten Esquire of Bank in Lancashire, and of the Executors and Representatives of Richard Richardson Esquire, Banker in Chester, lately deceased, complaining of Two Interlocutors of the Lords of Session in Scotland, of the 2d Day of February and 8th Day of March 1769; and praying, “That the same may be reversed, varied, or altered, or that the Appellants may have such Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that William Carruthers and Partners, William and Charles Warner Dunbars, John Agnew, William Maxwell, and Leonard Urquhart, may be required to answer the said Appeal:”
It is Ordered, That the said William Carruthers and Partners, William and Charles Warner Dunbars, John Agnew, William Maxwell, and Leonard Urquhart, may have a Copy of the said Appeal, and do put in their Answer, or respective Answers, thereunto, in Writing, on or before Wednesday the 7th Day of February next; and Service of this Order upon the said Respondents, or upon any of their Counsel or Agents in the said Court ot Session in Scotland, shall be deemed good Service.
Johnstone against Gordon; hearing ex parte.
The House being moved, “That a Day may be appointed for hearing the Cause, wherein John Johnstone is Appellant, and William Gordon is Respondent ex parte, the Respondent not having put in an Answer, though peremptorily Ordered so to do:”
It is Ordered, That this House will hear the said Cause, by Counsel at the Bar, ex parte, on the First vacant Day for Causes after those already appointed, unless the Respondent do put in an Answer in the mean Time.
Rose against Sir John Gordon and Gordon; hearing ex parte.
The House being moved, “That a Day may be appointed for hearing the Cause, wherein David Ross of Inverchasley is Appellant, and Sir John Gordon Baronet and William Gordon Esquire are Respondents ex parte, the Respondents not having put in an Answer, though peremptorily Ordered so to do:”
It is Ordered, That this House will hear the said Cause, by Counsel at the Bar ex-parte, on the First vacant Day for Causes after those already appointed, unless the Respondents put in an Answer in the mean Time.
David Ross against Sir John Gordon and Gordon; bearing ex parte.
The House being moved, “That a Day may be appointed for hearing the Cause, wherein David Ross is Appellant, and Sir John Gordon and William Gordon Esquire are Respondents ex parte, the Respondents not having put in an Answer, though peremptorily Ordered so to do:”
It is Ordered, That this House will hear the said Cause, by Counsel at the Bar ex parte, on the First vacant Day for Causes after those already appointed, unless the Respondents put in an Answer in the mean lime.
Hepburn a gainst E. Portmore.
The House being moved, “That a Day may be appointed for hearing the Cause, wherein the Reverend Mr. Thomas Hepburn is Appellant, and Charles Earl of Portmore 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.
Wilkie against Simpson.
The House being moved, “That a Day may be appointed for hearing the Cause wherein John Wilkie of Foulden Esquire is Appellant, and Samuel Simpson of Newlands 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.
Simpson against Mac Donald and another.
The House being moved, “That a Day may be appointed for hearing the Cause, wherein James Simpson Merchant is Appellant, and William Mac Donald and another 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.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, decimum quintum diem instantis Januarii, hora undecima Auroræ, Dominis sic decernentibus.