House of Lords Journal Volume 33
December 1772, 21-31

Sponsor

History of Parliament Trust

Publication

Year published

1767-1830

Pages

485-494

Annotate

Comment on this article
Double click anywhere on the text to add an annotation in-line

Citation Show another format:

'House of Lords Journal Volume 33: December 1772, 21-31', Journal of the House of Lords volume 33: 1770-1773 (1767-1830), pp. 485-494. URL: http://british-history.ac.uk/report.aspx?compid=113573 Date accessed: 21 April 2014. Add to my bookshelf


Highlight

(Min 3 characters)

Contents

Die Lunæ, 21o Decembris 1772.
Townshend takes the Oaths. Rice from America, Importation of, Bill. Mutiny Bill. Laxton Enclosure Bill. Nework Navigation Bill. Message to H. C. that the Lords have agreed to the Two preceding Bills. King present. Bills passed. Orphans Fund, London Bridge, &c. Accounts delivered. Neuman takes the Oaths for his Naturalization. Marine Mutiny Bill. Neuman’s Nat. Bill. East India Company, to restrain them from appointing Commissioner in India, Bill. Motion for a Conference thereon with H. C. Copy of Commission for superintending the Affairs of the East India Company in India to be laid before the House. Motion for Chairman and D. Chairman to attend. Adjourn. Die Martis, 22o Decembris 1772.
Randall against Russell et al. Judgement. Neuman’s Nat. Bill. Mutiny Bill: Rice from America, Importation of, Bill. Marine Mutiny Bill. Message to H. C. that the Lords have agreed to the Three preceding Bills. Welby against D. Rutland. Writs of Error: Ellis against Saulnier: Chalke and Chilton against Ward: Martin against Didia. Copy of Commission for superintending the Affairs of the East India Company in India, delivered. Petition against the Bill for restraining the East India Company from appointing Commissioners in India: East India Company, to restrain them from appointing Commissioners in India, Bill. Adjourn. Die Mercurii, 23o Decembris 1772.
Gilbert against Cusack et Ux. et e con. Neuman’s Nat. Bill. Message to H. C. with it. East India Company, to restrain them from appointing Commissioners in India, Bill. Protest oa passing it. Message to H. C. that the Lords have agreed to it. Adjourn. Die Jovis, 24o Decembris 1772.
Goltart against Fraser. Donaldsons against Becket et al. Coltart against Fraser. Message from H. C. to return Moner’s Nat. Bill. Bills passed by Commission. Adjourn. Footnotes

Die Lunæ, 21o Decembris 1772.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Archiep. Cantuar.Ds. Apsley, Cancellarius.Ds. Willoughby Br.
Epus. Londin.Comes Gower, Præses.Ds. Willoughby Par.
Epus. Meneven.Dux Richmond.Ds. Cathcart.
Epus. Litch. & Cov.Dux Devonshire.Ds. Masham.
Dux Athol.Ds. Edgecumbe.
Dux Portland.Ds. Ponsonby.
Comes Talbot, Senescallus.Ds. Boston.
Comes Hertford, Camerarius.Ds. Milton.
Comes Rochford.
Comes Abercorn.
Comes Dartmouth.
Comes Bristol.
Comes Ashburnham.
Comes De Lawarr.
Viscount Townshend.
Viscount Falmouth.

PRAYERS.

Townshend takes the Oaths.

George Lord Viscount Townshend took the Oaths, and made and subscribed the Declaration; and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Rice from America, Importation of, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, “An Act for allowing the free Importation of Rice into this Kingdom, from any of His Majesty’s Colonies in America, for a limited Time; and for encouraging the making of Starch from Rice.”

After some Time the House was resumed:

And the Lord Boston reported from the Committee, That they had gone through the Bill, and directed him to report the same to the House, without any Amendment.”

Mutiny Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, “An Act for punishing Mutiny and Desertion; and for the better Payment of the Army and their Quarters.”

After some Time the House was resumed:

And the Lord Boston reported from the Committee, That they had gone through the Bill, and directed him to report the same to the House, without any Amendment.”

Laxton Enclosure Bill.

Hodie 3a vice lecta est Billa, intituled, “An Act for dividing and enclosing the Common Fields of Lakton, in the County of Northampton.”

The Question was put, “Whether this Bill shall pass?”

It was resolved in the Affirmative.

Nework Navigation Bill.

Hodie 3a vice lecta est Billa, intituled, “An Act for improving and completing the Navigation of that Branch of the River Trent which runs by the Town of Nework upon Trent, from a Place called the Upper Wear, in the Parish of Averham, in the County of Nottingham, to a Place called The Crankleys, in the Parish of South Muskham, in the said County.”

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 the Two preceding Bills.

A Message was sent to the House of Commons, by Mr. Holford and Mr. Browning:

To acquaint them, That the Lords have agreed to the said Bills, without any Amendment.

The House was adjourned during Pleasure, to robe.

The House was resumed.

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;

He, after a short Introduction in relation to the Money Bills to be passed, delivered them to the Clerk, who brought them to the Table, where the Deputy Clerk of the Crown read the Titles of those and the other Bills to be passed, severally, as follow; (videlicet),

Bills passed.

“1. An Act for continuing and granting to His Majesty certain Duties upon Malt, Mum, Cyder, and Perry, for the Service of the Year One thousand seven hundred and seventy-three.”

“2. An Act for granting an Aid to His Majesty by a Land Tax, to be raised in Great Britain, for the Service of the Year One thousand seven hundred and seventy-three.”

To these Bills the Royal Assent, was, severally, pronounced by the Clerk Assistant in these Words; (videlicet),

Le Roy remercie ses bons Sujets, accepte leur Benevolence et amsi le veult.”

“3. An Act for naturalizing Paul D’ Agremont.”

“4. An Act for naturalizing Emeric Vidal, Philippe Rivier, and Abraham Favenc.”

“5. An Act for naturalizing Petir Francis Martin.”

To these Bills the Royal Assent was, severally, pronounced by the Clerk Assistant in these Words; (videlicet),

“Soit fait comme il est desire.”

Then His Majesty was pleased to retire, and the Commons withdrew.

The House was adjourned during Pleasure to unrobe.

The House was resumed.

Orphans Fund, London Bridge, &c. Accounts delivered.

The House being informed, “That a Person from the Office of the Chamberlain of the City of London, attended:”

He was called in; and delivered at the Bar, pursuant to Acts of Parliament,

“An Account of the Surplus of the Fund for the Relief of the Orphans, and other Creditors, of the City of London, on the 5th of July 1772.”

“An Acqount of Money received and paid on Account of the Tolls upon London and Blackfriars Bridges, from the 29th September 1771 to the 29th September 1772.”

“An Account of Money received and paid for the better paving, cleaning, and enlightening, the City of London, from 28th September 1771 to 28th September 1772.”

“An Account of Money received and paid for building a Bridge at Blackfriars, from 28th September 1771 to 28th September 1772.”

“An Account of Money received and paid for repairing the Royal Exchange, from 28th September 1771 to 28th September 1772.”

“An Account of Money received and paid for embanking Part of the River Thames, from 28th September 1771 to 28th September 1772.”

“An Account of Money received and paid for rebuilding the Gaol of Newgate, from 28th September 1771 to 28th September 1772.”

And then he withdrew.

And the Titles thereof being read by the Clerk:

Ordered, That the said Accounts do lie on the Table.

Neuman takes the Oaths for his Naturalization.

John Gottlob Neuman took the Oaths appointed in order to his Naturalization.

Marine Mutiny Bill.

A Message was brought from the House of Commons, by Mr. Stephens and others:

With a Bill, intituled, “An Act for the Regulation of His Majesty’s Marine Forces while on Shore;” to which they desire the Concurrence of this House.

Hodie 1a & 2a vice lecta est Billa, intituled, “An Act for the Regulation of His Majesty’s Marine Forces while on Shore.”

Ordered, That the said Bill be read the Third Time To-morrow.

Neuman’s Nat. Bill.

Hodie 2a vice lecta est Billa, intituled, “An Act for naturalizing John Gottlob Neuman.”

Ordered, That the said Bill be committed to the Consideration of the Lords following:

Ld. President.L. Abp. Canterbury.L. Willoughby Br.
D. Richmond.L. Bp. London.L. Willoughby Par.
D. Devonshire.L. Bp. St. Davids.L. Cathcart.
D. Athol.L. Bp. Litch. & Cov.L. Masham.
D. Portland.L. Edgecumbe.
Ld. Steward.L. Ponsonby.
Ld. Chamberlain.L. Boston.
E. Rochford.L. Milton.
E. Abercorn.
E. Dartmouth.
E. Bristol.
E. Ashburnham.
E. De Lawarr.
V. Townshend.
V. Falmouth.

Their Lordships, or any Five of them, to meet To-morrow, at Ten o’Clock in the Forenoon, in the Prince’s Lodgings, near the House of Peers; and to adjourn as they please.

East India Company, to restrain them from appointing Commissioner in India, Bill.

Moved, “That the Bill, intituled, “An Act to restrain the East India Company, for a limited Time; from making any Appointment of Commissioners for superintending and regulating the Company’s Affairs, at their Presidencies, in the East Indies,” be now read a Second Time.”

Which being objected to:

Motion for a Conference thereon with H. C.

It was moved, “That this House having entered into the Consideration of a Bill brought up from the Commons, intituled, “An Act to restrain the East India Company, for a limited Time, from making any Appointment of Commissioners for superintending and regulating the Company’s Affairs, at their Presidencies, in the East Indies;” and the Matters of Fact suggested therein, as the Ground and Foundation upon which it seems to have proceeded in the, House of Commons, not appearing before this House, that a Conference be desired with the Commons, in order that their Assistance may be had in laying the State of the said Matters of Faa before this House.”

Which being objected to;

After Debate,

The Question was put thereupon.

It was resolved in the Negative.

Then it was moved, “That the said Bill be now read a Second Time.”

And an Amendment was proposed to be made to the said Motion, by leaving out the Word [“ now”] and inserting the Words [“ To-morrow, and the Lords summoned”].

Which being objected to:

After Debate,

The Question was put, “Whether the Word [“now”] shall stand Part of the Motion?”

It was resolved in the Affirmative.

Hodie 2a vice lecta est Billa, intituled, “An Act to restrain the East India Company, for a limited Time, from making any Appointment of Commissioners for superintending and regulating the Company’s Affairs, at their Presidencies, in the East Indies.”

Ordered, That the said Bill be committed to a Committee of the whole House:

Ordered, That the House be put into a Committee upon the said Bill To-morrow, and the Lords summoned.

Copy of Commission for superintending the Affairs of the East India Company in India to be laid before the House.

Ordered, That the East India Company do lay before this House To-morrow, a Copy of the Commission appointing Commissioners for superintending and regulating the Affairs of the East India Company, at their Presidencies, in the East Indies, with the Names of the said Commissioners.

Motion for Chairman and D. Chairman to attend.

Then it was moved, “That the Chairman and Deputy Chairman of the East India Company be ordered to attend this House To-morrow, with an Account of the Expence that will probably accrue from the Appointment of the Supervisors.”

Which being objected to:

After Debate,

The Question was put thereupon.

It was resolved in the Negative.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, vicesimum secundum diem instantis Decembris, hora undecima Auroræ, Dominis sic decernentibus.

Die Martis, 22o Decembris 1772.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Archiep. Cantuar.Ds. Apsley, Cancellarius.Ds. Willoughby Br.
Epus. Londin.Comes Gower, Præses.Ds. Willoughby Par.
Epus. Meneven.Dux Richmond.Ds. Paget.
Epus. Litch. & Cov.Dux Athol.Ds. Cathcart.
Dux Portland.Ds. Trevor.
Comes Talbot, Senescallus.Ds. Masham.
Comes Hertford, Camerarius.Ds. Edgecumbe.
Comes Rochford.Ds. Sandys.
Comes Abercorn.Ds. Bruce.
Comes March.Ds. Ponsonby.
Comes Dartmouth.Ds. Mansfield.
Comes Bristol.Ds. Lyttelton.
Comes Waldegrave.Ds. Boston.
Comes De Lawarr.Ds. Milton.
Viscount Weymouth.Ds. Camden.
Viscount Falmouth.

PRAYERS.

Randall against Russell et al.

The Order of the Day being read for the further Consideration of the Cause wherein William Randall Esquire is Appellant, and Metcalfe Russell and others are Respondents:

And Consideration being had thereof accordingly:

The following Order and Judgement was made:

Judgement.

After hearing Counsel, as well on Wednesday the 16th as Thursday the 17th of this instant December, upon the Petition and Appeal of William Randall Esquire, complaining of a Decree of the Court of Chancery of the 4th of May 1771; and praying, “That the same might be reversed, and such Order made for the Appellant’s Relief in the Premises, as to this House, in their Lordships great Wisdom, should seem meet;” as also upon the Answer of Lascelles Metcalfe Esquire, Metcalfe Russell, and Sylvanus Grove, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Decree complained of in the said Appeal be, and the same is hereby reversed: And it is further Ordered, That the Respondents do transfer a Moiety of the Bank Stock to the Appellant, and account to him for the Dividends received from the Death of Elizabeth Russell.

Neuman’s Nat. Bill.

The Earl of Abercorn reported from the Lords Committees, to whom the Bill, intituled, “An Act for naturalizing John Gottlob Neuman,” was committed: That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and directed him to report the same, to the House, without any Amendment.”

Ordered, That the said Bill be engrossed.

Mutiny Bill:

Hodie 3a vice lecta est Billa, intituled, “An Act for punishing Mutiny and Desertion, and for the better Payment of the Army and their Quarters.”

The Question was put, “Whether this Bill shall pass?”

It was resolved in the Affirmative.

Rice from America, Importation of, Bill.

Hodie 3a vice lecta est Billa, intituled, “An Act for allowing the free Importation of Rice, into this Kingdom, from any of His Majesty’s Colonies in America, for a limited Time; and for encouraging the making of Starch from Rice.”

The Question was put, “Whether this Bill shall pass?”

It was resolved in the Affirmative.

Marine Mutiny Bill.

Hodie 3a vice lecta est Billa, intituled, “An Act for the Regulation of His Majesty’s Marine Forces while on Shore.”

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 the Three preceding Bills.

A Message was ordered to be sent to the House of Commons, by Mr. Browning and Mr. Pechell:

To acquaint them, That the Lords have agreed tc the said Bills, without any Amendment.

Welby against D. Rutland.

Ordered, That the Hearing of the Cause wherein William Welby Esquire is Appellant, and John Duke of Rutland is Respondent, which stands appointed for To-morrow, be put off to the 4th Cause Day after the Recess at Christmas.

Writs of Error:

The Lord Mansfield, Lord Chief Justice of the Court of King’s Bench, in the usual Manner, delivered in at the Table Three Writs of Error:

In the First of which,

Ellis against Saulnier:

Henry Ellis is Plaintiff, and John Charles Saulnier is Defendant:

In the Second,

Chalke and Chilton against Ward:

Richard Chalke and John Chilton are Plaintiffs, and Henry Townley Ward is Defendant:

And, in the last,

Martin against Didia.

William Martin is Plaintiff, and Joseph Didia is Defendant.

Copy of Commission for superintending the Affairs of the East India Company in India, delivered.

The House being informed, “That Mr. Mitchell, from the East India Company, attended:”

He was called in, and delivered at the Bar, pursuant to the Order of Yesterday,

Copy of the Commission appointing Commissioners for superintending and regulating the Affairs of the East India Company, at their Presidencies, in the East Indies; with the Names of the said Commissioners.”

And then he Withdrew.

And the Title thereof being read by the Clerk:

The same was ordered to lie on the Table.

Petition against the Bill for restraining the East India Company from appointing Commissioners in India:

Upon reading the Petition of several Directors and Proprietors of the United Company of Merchants of England trading to the East Indies, taking Notice of a Bill depending in this House, “To restrain the East India Company, for a limited Time, from making any Appointment of Commissioners for superintending and regulating the Company’s Affairs at their Presidencies in the East Indies;” setting forth, That if the said Bill should pass, the same would be very injurious to the said Company;” and therefore praying, “That they may be heard, by Counsel, against the said Bill:”

It is Ordered, That the said Petition do lie on the Table.

East India Company, to restrain them from appointing Commissioners in India, Bill.

The Order of the Day being read for the House be in a Committee upon the Bill, intituled, “An Act to restrain the East India Company, for a limited Time, from making any Appointment of Commissioners for superintending and regulating the Company’s Affairs at their Presidencies in the East Indies,” and for the Lords to be summoned:

The House was adjourned during Pleasure, and put into a Committee upon the said Bill.

After some Time the House was resumed:

And the Earl of Abercorn reported from the Committee, “That they had gone through the Bill, and directed him to report the same to the House, without any Amendment.”

Ordered, That the said Bill be read a Third Time To-morrow, and the Lords summoned.

Ordered, That the Petitioners against the said Bill be at Liberty to be heard by their Counsel against the said Bill To-morrow, upon the Third Reading thereof.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, vicesimum tertium diem instantis Decembris, hora undecima Auroræ, Dominis sic decernentibus.

Die Mercurii, 23o Decembris 1772.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Archiep. Cantuar.Ds. Apsley, Cancellarius.Ds. Willoughby Br.
Epus. Londin.Comes Gower, Præses.Ds. Willoughby Par.
Epus. Meneven.Dux Richmond.Ds. Paget.
Epus. Litch. & Cov.Dux Devonshire.Ds. Cathcart.
Dux Portland.Ds. Boyle.
Comes Hertford Camerarius.Ds. Trevor.
Comes Rochford.Ds. Masham.
Comes Cholmondeley.Ds. Edgecumbe.
Comes Abercorn.Ds. Sandys.
Comes March.Ds. Bruce.
Comes Bristol.Ds. Ponsonby.
Comes Waldegrave.Ds. Boston.
Comes Ashburnham.Ds. Milton.
Comes De Lawarr.Ds. Digby.
Viscount Townshend.
Viscount Falmouth.
Viscount Torrington.

PRAYERS.

Gilbert against Cusack et Ux. et e con.

The Answer of James Cusack and Angelina his Wife, to the Cross Appeal of Robert Gilbert, was this Day brought in.

Neuman’s Nat. Bill.

Hodie 3a vice lecta est Billa, intituled, “An Act for naturalizing John Gottlob Neuman.”

The Question was put, “Whether this Bill shall pass?”

It was resolved in the Affirmative.

Message to H. C. with it.

A Message was sent to the House of Commons, by Mr. Holford and Mr. Browning:

To carry down the said Bill, and desire their Concurrence thereto.

East India Company, to restrain them from appointing Commissioners in India, Bill.

The Order of the Day being read for the Third Reading of the Bill, intituled, “An Act to restrain the East India Company, for a limited Time, from making any Appointment of Commissioners for superintending and regulating the Company’s Affairs at their Presidencies in the East Indies;” and for the Lords to be summoned; and for hearing Counsel against the said Bill:

Counsel were accordingly called in; and the said Bill was read the Third Time; as also the Petition of several Directors and Proprietors, praying to be heard by Counsel against the said Bill.

Then Mr. Impey was heard against the said Bill, and calls Mr. John Hoole, who, being sworn, acquainted the House, “That the Difference of the Expence of the Civil Establishments at Bengal and Madrass is, for the last Year, upwards of £ 170,000 more at Bengal than at Madrass; that this Difference does not arise so much from the Difference of the Number in the Civil Government at each Place, as from the extra Charges of the Civil Government at Bengal such as Contingent Charges, Travelling Expences, &c. the Salaries at both Places being nearly equal; that the Military Establishment at Bengal is upwards of £. 650,000, the Nabob’s Share included, more than it is at Madrass; that the Batta is £. 180,000 more at Bengal than Madrass; that the Number on the Military Establishment at Madrass are 4,410 Europeans, and 18,339 Seapoys; at Bengal 3,890 Europeans, 26,132 Seapoys.”

He was directed to withdraw.

Then Mr. Richard Holt, Assistant Secretary, was called in; and, being sworn, acquainted the House, That the Commission for sending out Supervisors has been under Consideration these Four Months; that it originated in a Committee of Correspondence, which Committee, on the 29th of July, were unanimous in their Opinion of recommending such a Commission to a Court of Directors; which they did, and several Courts of Directors were held to consider of this Measure: That on the 5th of August, the Court of Directors agreed to call a General Court of Proprietors, which was done, and the Opinion of the Directors, That a superintending Commission should be sent to India, laid before the said Court; which Measure was agreed to by the Court of Proprietors by Ballot on the 2d of September last, the Majority for the Commission being sent out being near Three to One: That a Commission, after having been discussed and considered at several General Courts, was agreed to, and the Gentlemen chose by the Directors to go out as Commissioners were approved of by a General Court of Proprietors by Ballot on the 27th of November last, 209 being for the Nominations made by the Directors, and 188 against (fn. 1) it: That the Opinion of Counsel was taken as to the Legality of the present Commission, viz. Mr. Sayer, Mr. Wallace, and Mr. Jackson: That this Commiuion is, in some Degree, similar to that sent out in 1769: That he thinks Savings to a great Amount might be made by sending out this Commission, if properly executed, and believes it would have been properly executed if the Gentlemen named in the present Commission had gone out: That Savings equal to those expected to be made by this Commission going out, might be made by the Directors sending out their Orders to their Servants in India, if those Orders were obeyed; but the Disobedience of the Company’s Servants in India made the sending out a Commission necessary: That he thinks the present Commission has, in some Respects, greater Powers than that sent out in 1765, but cannot point out what those Powers are: That the former Commission gave the Power of making Alterations in the Courts of Justice in India, which this Commission does not: That the Powers given at present to the Governors and Councils in India are very extensive; and, if properly executed, would render this Commission unnecessary: That this Commission differs from the former in the Powers of turning out the Company’s Servants in India: That the Committee of Correspondence, on the 29th of July last, came to the following Resolution, (viz.) “That the present State of the Company’s Affairs in India requires the sending out a Commission with extraordinary Powers.”

That Six of the present Commissioners, out of Nine at Bengal, could controul the Presidency at Bombay: That he was present at the General Court, when the Chairman and Deputy Chairman recommended the sending out this Commission; and that some Hint was thrown out by them that such a Measure was countenanced by Administration: That by the Company’s Charter the Time is limited for calling a General Court by the Proprietors: That a Court called by the Directors has met in Two or Three Days after calling: That on the 9th of this instant December the Directors advertised a General Court for the Purpose of petitioning the House of Commons against this Bill, which Court met on the 11th of December.”

He was directed to withdraw.

Then Ransforth Tookey Accomptant was called in; and, being sworn, acquainted the House, That the Company’s Servants in India have exceeded their Orders for drawing Bills on the Company here, in the Sum of £. 1,063,067 1s. 2d. for the Year 1771: That the Bills were drawn in India in 1770, and Advice of them received here in July and August 1771: That their Orders for drawing were not to exceed £. 200,000, and Lord Clive’s Jaghire, which is £. 30,000 per Annum: That they were to draw for this Money in Bills at 2s.d. the Rupee, at 365 Days Sight, without Interest: That the Bills, drawn by the Company’s Servants in India, are drawn at One, Two, and Three Years after Sight; Part of each Class at 2s.d. the Rupee, and Part at 2s. 3d. the Rupee, and to bear Three per Cent. Interest after the First Ninety Days: That the Company have paid to Government, on the Indemnity on Tea, near £. 281,000, and owe at present to Government for the same £. 202,000: That they have paid and owe to the Buyers of Tea sold before March Sale 1772, £. 210,000: That the Loss on the Price of Tea is £. 300,000: That the Company sold 31,000,000 lb. of Tea at upwards of £. 100,000 less Profit than they sold 21,000,000 lb. of Tea: That the Losses on Tea, and the Over-drawings of the Company’s Servants in India, account for the present Deficiency in the Company’s Cash: That the Company have paid to Government, since their Agreement with Government, æ. 1,800,000: That they at present owe to Government, on that Agreement, æ. 200,000, due on the 29th of September last; and another æ. 200,000 will become due on die 25th of this instant December: That if the Dividend should be reduced, Twenty-six Days are to be taken from this last Payment: That the Nett Duties paid to Government for the last Five Years, amount to æ. 1,109,065: That the Proprietors have received æ. 918,296 more than æ. 6 per Cent. on their Stock to Midsummer last: That the whole Sum received by Proprietors since the Agreement with Government is æ. 1,972,342.

That the Nett Profits of the Company’s Trade preceding the Duana for Five Years, amounted to æ. 441,620, which was more than sufficient to divide ”. 12 per Cent. upon.”

He was directed to withdraw.

Then Mr. Adair, the other Counsel against the said Bill, was heard.

The Counsel were directed to withdraw.

Moved, “That the Bill do pass.”

Which being objected to:

After Debate;

The Question was put, “Whether this Bill shall pass?”

It was resolved in the Affirmative.

DISSENTIENT.

Protest oa passing it.

DISSENTIENT.

1st, Because the Bill takes away from a great Body Corporate, and from several free Subjects of this Realm, the Exercise of a legal Franchise, without any legal Cause of Forfeiture assigned. The Persons appointing the Commission had by Law a Right to elect; and the Persons chosen had by Law a Capacity of being elected. The Choice was regularly made according to the Constitution of the Company. It was confirmed on Ballot. The Supervisors had a full Right veiled in them, agreeable to the Powers and Conditions of their Appointment. No Abuse has been suggested, no Delinquency has been charged. These legal Rights and Capacities are therefore taken away by a mere Act of arbitrary Power, the Precedent of which leaves no Sort of Security to the Subject for his Liberties; since his exercising them in the strictest Conformity to all the Rules of Law, as well as to those of general Equity and moral Conduct, is not sufficient to prevent Parliament from interposing its sovereign Powers to divest him of these Rights, by Means of which Insecurity the honorable Distinction between the British and other Forms of Government is in a great Measure lost; a Misfortune which we are sorry to find greatly growing upon us by those temporary occasional and partial Acts of Parliament, which, without any Consideration of their Conformity to the general Principles of our Law and Constitution, are adopted rashly and hastily on every petty Occasion.

2dly, Because this Bill appears to us a manifest Violation of the publick Faith. The Charter of the East India Company has been granted by the Crown, authorized by Act of Parliament, and purchased for valuable Consideration of Money lent and paid. That Charter empowers the Company to manage its own Affairs, according to its own Discretion, by Persons of its own Appointment. This Bill suspends for a Time the Exercise of this Privilege; and by grounding the Suspension upon the actual Interference of Parliament in the Affairs of the Company, Establishes a Principle which may be used for perpetuating indefinitely the Restraint, because Parliament may keep their Affairs, by frequent Revisions, almost perpetually under Consideration. The same Principle is also applicable to the Suspension or Deprivation of any other Privilege which they hold under their Charter. We admit that it is difficult to six any legal Limit to the Extent of Legislative Power: But we apprehend that Parliament is as much bound, as any Individual, to the Observance of its own Compacts; else it is impossible to understand what publick Faith means, or how publick Credit can subsist.

3dly, Because it appears, by Evidence at the Bar of this House upon Oath, that the Company had received Assurances from the Chairman and Deputy Chairman that the Appointment of a Commission for superintending and regulating their Affairs would be approved by Administration. This is the only Channel of Communication with Ministers that the Company can have; and it is peculiarly hard that, driven from all Confidence in publick Faith and the Laws of their Country, they should find no Security for their Charter Privileges against the Attempts made by those very Ministers under whose Sanction they had all possible Reason to believe they had been acting.

4thly, Because it appears to us that the Company was not only authorized by Law, but bound in Duty, to appoint a Commission for regulating their Affairs and correcting Abuses; and it would, in our Opinion, furnish a more plausible Ground for attacking the lawful Powers of the Company, if it were charged that they had not Exercised them for the Redress of the said Abuses, than that they had appointed a Commission for such a necessary Purpose. It might have been alleged by the Adversaries of the Company, that non-user, and neglect of applying legal Powers for the Ends for which such Powers were given, were Matters of Delinquency in that Corporation; and might have subjected them to Process in the Courts below, or to an adverse Proceeding in Parliament. It is a Government, as we conceive, full of Deceit as well as Violence, where Men are to be Punished if they decline, or to be restrained if they endeavour to Exercise, their lawful Powers.

5thly, Because we have Reason to believe, from publick Opinion and Report, that great Abuses still prevail and increase in the Company’s Settlements Abroad, which makes it highly expedient that the Commission restrained by this Bill for Six Months should have as little Delay as possible. Six Months Delay in the Commission will, by the Nature of the Season, certainly protract its Operation for a Year, and, probably, for much longer; by this Means all Abuses will gain Ground, and their Reformation will become more difficult: Nor can we allow that the Speculation of more ample Powers to be hereafter given by Parliament, (but which are not as yet so much as proposed), can furnish an adequate Reason for preventing the Operation of such Powers as legally exist at present. Besides, without suspending the Commission, any Degree of Authority thought expedient might have been superadded to the present Powers given by the Company. We do therefore, in this solemn Manner, exculpate ourselves, to the present Time and to Posterity, from having any Share in the Oppressions which may arise or be continued on the native Inhabitants in the Company’s Possessions in India, from any Part in the Danger which may happen to their valuable Possessions, from the Waste or Decay of the Revenues, or in the Loss or Diminution of Trade, which may so very probably arise from this wanton and arbitrary Delay of a timely Remedy. It must be a Matter of Astonishment to the Publick, who have for a long Time earnestly and anxiously looked to the Company, or to Parliament, for Redress of the Grievances in India, to find at Length that the latter is only employed in preventing the former from doing its Duty; that, instead of correcting the Abuse, we oppose ourselves to the Reformation; that when it was expected that those who have wronged the Company should be brought to exemplary Punishment, the suffering Company itself is deprived of its Rights; and instead of calling Delinquents to account, the Persons legally empowered to correct or restrain them are by Parliament suspended from their Office. It was the more necessary for the Company to give the strictest Attention to their Affairs, to enable them to Answer the exorbitant Demands of Government; as it appeared from the Witnesses at the Bar that the Exactions of Parliament have amounted to more than the Whole of the Profits from the late Acquisitions, and the Trade in Consequence of them; while the Proprietors, who have spent so much, and so often risqued their All for the obtaining these Acquisitions, have not been permitted to divide even so much as the Profits of their former Trade would have afforded.

6thly, Because the Bill was brought in at a Season when this House is always ill attended, and carried through with a violent and indecent Precipitation. The Reason assigned for this Precipitation, is as unsatisfactory as the Act is violent, “That unless the Bill was passed, the Commissioners might sail during the Recess at Christmas.” This, considering the Circumstances, is almost physically impossible; nor if it were otherwise, can we think the mere Possibility of the Abuse of a legal Right in the Subject any Sort of Reason for our being precipitate in taking it away.

7thly, Because a Reason of Fact is alleged in the Preamble of the Bill, stating the Expence of the Commission to be very Considerable. This House has not before it any Account or Estimate of the Expences actual or probable; nor are we supplied with any Accounts shewing, or tending to mew, the present Ability or Inability of the Company to bear it; so that Lords are made to assert Facts, and on these Facts to ground a Law, altering the Condition, and suspending the Charter Rights of the Company, without a Possibility of knowing whether the said Facts are true or false. Lords, in whom the Law places such an high Confidence, that it accepts, in all Cases of Property, their Honour in the Place of the sworn Testimony of other Men, ought, in their publick Character, to be remarkably punctilious in affirming any Matter which can affect such Property, without a thorough Knowledge of its Truth.

8thly, Because this House, not content with asserting the said Facts, without any Knowledge of their Foundation, did absolutely resolve to continue uninformed, refusing to call for the Evidence of the Directors concerning the Expence, or in a Matter of such Importance, both in itself and in its Example, to follow the antient settled Parliamentary Course of desiring a Conference with the Commons; in order to be acquainted with the Evidence which they had received, as the Grounds of their Proceeding; by which Means this House submits to be the Instrument of the Commons, to be merely the Register of their Acts, and to lower, in the Estimation of the World, the natural Honour and Dignity of the Peers.

Lastly, Because this Bill for suspending the legal Powers of the Company in the Appointment to its own Officers, appears to us to be Part of a Design long since formed, and never abandoned, for enlarging the Influence of the Crown, (already far too prevalent and extensive), by the Introduction of Ministerial Authority, in the Nomination to the numerous lucrative Employments now in the Gift of the Company; a Design which, adhering to the Principles of the Protest of the 9th of February 1768, we think ourselves obliged to oppose. We, therefore, do protest against this Bill, as evidently a leading Part in that Design, as inexpedient, unconstitutional, supported neither by any Fact that we know, nor any Reason that we have heard; as contrary to national Faith, injurious to Publick Credit, and to the legal Rights of the Subject; and hurried through this House in a Manner neither decent nor Parliamentary, nor suitable to the Independence and Dignity of the Lords.

Devonshire.Richmond.
Torrington.
Boyle.
Portland.

Message to H. C. that the Lords have agreed to it.

A Message was sent to the House of Commons, by Mr. Holford and Mr. Browning:

To acquaint them, That the Lords have agreed to the said Bill, without any Amendment.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, vicesimum quartum diem instantis Decembris, hora undecima Auroræ, Dominis sic decernentibus.

Die Jovis, 24o Decembris 1772.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Archiep. Cantuar.Ds. Apsley, Cancellarius.Ds. Cathcart.
Epus. Litch. & Cov.Comes Gower, Pæses.Ds. Edgecumbe.
Comes Abercorn.Ds. Boston.

PRAYERS.

Goltart against Fraser.

The Answer of William Fraser to. the Appeal of John Coltart of Arceming, was this Day brought in.

Donaldsons against Becket et al.

The House being moved, “That a Day may be appointed for hearing the Cause, wherein Alexander Donaldson and John Donaldson are Appellants, and Thomas Becket 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.

Coltart against Fraser.

The House being moved, “That a Day may be appointed for hearing the Cause, wherein John Coltart of Arceming is Appellant, and William Fraser 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.

Message from H. C. to return Moner’s Nat. Bill.

A Message was brought from the House of Commons, by Mr. George Bridges Brudenell and others:

To return the Bill, intituled, “An Act for naturalizing Isaac Morier;” and to acquaint this “House, that they have agreed to the same, without any Amendment.

Bills passed by Commission.

The Lord Chancellor acquainted the House, “That His Majesty had been pleased to issue a Commission to several Lords therein named, for declaring His Royal Assent to several Acts agreed upon by both Houses of Parliament.”

The House was adjourned during Pleasure.

The House was resumed.

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 Gentleman 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 Lord Chancellor said,

My Lords, and Gentlemen of the House of Commons,

His Majesty not thinking fit to be personally present here at this Time, has been pleated to cause a Commission to be issued under the Great Seal, and thereby given His Royal Assent to divers Acts, which have been agreed upon by both Houses of Parliament, the Titles whereof are particularly mentioned; and by the said Commission hath commanded us to declare and notify His Royal Assent to the said several Acts, in the Presence of you the Lords and Commons, assembled for that Purpose; which Commission you will now hear read.”

Then the said Commission was read by the Clerk as follows:

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 Right Trusty and Right Well-beloved the Lords Spiritual and Temporal, and to Our Trusty and Well-beloved the Knights, Citizens, and Burgesses, and the Commissioners for Shires and Burghs, of the House of Commons, in this present Parliament assembled, Greeting: Whereas, We have seen and perfectly understood divers and sundry Acts agreed and accorded on by you Our loving Subjects the Lords Spiritual and Temporal, and the Commons, in this Our present Parliament assembled, and endorsed by you as hath been accustomed, the Titles and Names of which Acts hereafter do particularly ensue; (that is to say), “An Act for punishing Mutiny and Desertion; and for the better Payment of the Army and their Quarters.” “An Act for the Regulation of His Majesty’s Marine Forces while on Shore.” “An Act for allowing the free Importation of Rice into this Kingdom from any of His Majesty’s Colonies in America, for a limited Time; and for encouraging the making of Starch from Rice.” “An Act to restrain the East India Company, for a limited Time, from making an Appointment of Commissioners for superintending and regulating the Company’s Affairs at their Presidencies in the East Indies.” “An Act for improving and completing the Navigation of that Branch of the River Trent which runs by the Town of Newark upon Trent, from a Place called The Upper Wear, in the Parish of Averham, in the County of Nottingham, to a Place called The Crankleys, in the Parish of South Muskham, in the said County.” “An Act for dividing and enclosing the Common Fields of Laxton, in the County of Northampton.” And albeit, the said Acts by you our said Subjects the Lords and Commons in this Our present Parliament assembled, are fully agreed and consented unto, yet nevertheless the same are not of Force and Effect in the Law without Our Royal Assent given and put to the said Acts: And forasmuch as for divers Causes and Considerations We cannot conveniently at this Time be present in Our Royal Person in the Higher House of Our said Parliament, being the Place accustomed to give Our Royal Assent to such Acts as have been agreed upon by you Our said Subjects the Lords and Commons; We have therefore caused these Our Letters Patent to be made, and have signed the same, and by the same do give and put Our Royal Assent to the said Acts, and to all Articles, Clauses, and Provisions therein contained, and have fully agreed and assented to the said Acts; willing that the said Acts, and every Article, Clause, Sentence, and Provision therein contained, from henceforth shall be of the same Strength, Force, and Effect, as if We had been personally present in the said Higher House, and had openly and publickly in the Presence of you all Assented to the same: And we do by these Presents declare and notify the same Our Royal Assent, as well to you the Lords Spiritual and Temporal, and Commons aforesaid, as to all others whom it may concern; commanding also by these Presents Our Right Trusty and Well-beloved Counsellor Henry Lord Apsley, Our Chancellor of Great Britain, to seal these Our Letters Patent with Our Great Seal of Great Britain; and also commanding the Most Reverend Father in God, Our Right Trusty and Well-beloved Counsellor, Frederick Archbishop of Canterbury, Primate and Metropolitan of all England; Our said Chancellor of Great Britain; Our Right Trusty and Right Well-beloved Cousin and Counsellor Granville Earl Gower, President of Our Council; Our Right Trusty and Right Entirely-beloved Cousins and Counsellors, Augustus Henry Duke of Grafton, Keeper of Our Privy Seal; Thomas Duke of Leeds, John Duke of Rutland, Peregrine Duke of Ancaster and Kesteven, Great Chamberlain of England; Our Right Trusty and Right Well-beloved Cousins and Counsellors, William Earl Talbot, Steward of Our Household; Francis Seymour Earl of Hertford, Chamberlain of Our Household; Henry Earl of Suffolk and Berkshire, One of Our Principal Secretaries of State; John Earl of Sandwich, First Commissioner of Our Admiralty; Robert Earl of Holdernesse, William Henry Earl of Rochford, One other of Our Principal Secretaries of State; Hugh Earl of Marchmont, William Earl of Dartmouth, other of Our Principal Secretaries of State; George William Earl of Bristol, Wills Hill Earl of Hillsborough, Thomas Viscount Weymouth, and Our Right Trusty and Well-beloved Counsellor, William Lord Mansfield, Our Chief Justice assigned to hold Pleas before Us; or any Three or more of them, to declare and notify this Our Royal Assent, in Our Absence in the said Higher House, in the Presence of you the said Lords and die Commons of Our Parliament there to be assembled for that Purpose; and the Clerk of Our Parliaments to endorse the said Acts, with such Terms and Words in Oujr Name as is requisite and hath been accustomed for the same, and also to enroll these Our Letters Patent and the said Acts in the Parliament Roll; and these Our Letters Patent shall be to every of them a sufficient Warrant in that Behalf; and finally, We do declare and will that, after this Our Royal Assent given and passed by these Presents, and declared and notified as is aforesaid, then and immediately the said Acts shall be taken, accepted, and admitted good, sufficient, and perfect Acts of Parliament and Laws, to all Intents, Constructions, and Purposes, and to be put in due Execution accordingly; the Continuance or Dissolution of this Our Parliament, or any other Use, Custom, Thing or Things, to the contrary thereof notwithstanding. In Witness whereof, We have caused these Our Letters to be made Patent.

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

By the King Himself, signed with His own Hand.

“Yorke.”

Then the Lord Chancellor said,

“In Obedience to His Majesty’s Commands, and by virtue of the Commission which has been now read, we do declare and notify to you the Lords Spiritual and Temporal, and Commons, in Parliament assembled, that His Majesty hath given His Royal Assent to the several Acts in the Commission mentioned; and the Clerks are required to pass the same in the usual Form and Words.”

“1. An Act for Punishing Mutiny and Desertion; and for the better Payment of the Army and their Quarters.”

“2. An Act for the Regulation of His Majesty’s Marine Forces while on Shore.”

“3. An Act for allowing the free Importation of Rice into this Kingdom, from any of His Majesty’s Colonies in America, for a limited Time; and for encouraging the making of Starch from Rice.”

“4. An Act to restrain the East India Company, for a limited Time from making any Appointment of Commissioners for superintending and regulating the Company’s Affairs at their Presidencies in the East Indies.”

“5. An Act for improving and completing the Navigation of that Branch of the River Trent which runs by the Town of Newark upon Trent, from a Place called The Upper Wear, in the Parish of Averham, in the County of Nottingham, to a Place called The Crankleys, in the Parish of South Muskham, in the said County.”

To these Bills the Royal Assent was pronounced by the Clerk Assistant, severally, in these Words; (videlicet),

“Le Roy le veult.”

“6. An Act for dividing and enclosing the Common Fields of Laxton, in the County of Northampton.”

To this Bill the Royal Assent was pronounced by the Clerk Assistant in these Words; (videlicet),

“Soit fait comme il est desire.”

Then the Commons withdrew.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, decimum nonum diem Januarii, jam prox. sequen. hora undecima Auroræ, Dominis sic decernentibus.

Footnotes

1 Sic.