December 1778 1-10
DIE Veneris, 4o Decembris 1778.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Archiep. Cantuar.
Archiep. Ebor.
Epus. Londin.
Epus. Duresm.
Epus. Cicestrien.
Epus. Petriburg.
Epus. Meneven.
Epus. Litch. & Cov.
Epus. Bangor.
Epus. Exon. |
Dux Gloucester.
Dux Cumberland.
Ds. Thurlow, Cancellarius.
Comes Gower, Præses.
Dux Richmond.
Dux Grafton.
Dux Bolton.
Dux Devonshire.
Dux Portland.
Dux Manchester.
Dux Bridgewater.
Dux Northumberland.
March. Rockingham.
Comes Derby.
Comes Huntingdon.
Comes Suffolk.
Comes Stamford.
Comes Sandwich.
Comes Essex.
Comes Berkeley.
Comes Abingdon.
Comes Plymouth.
Comes Coventry.
Comes Jersey.
Comes Cholmondeley.
Comes Abercorn.
Comes Galloway.
Comes Ferrers.
Comes Tankerville.
Comes Aylesford.
Comes Stanhope.
Comes Effingham.
Comes Fitzwilliam.
Comes Powis.
Comes Harcourt.
Comes Northington.
Comes Radnor.
Comes Spencer.
Comes Bathurst.
Comes Hillsborough.
Comes Ailesbury.
Comes Clarendon.
Comes Mansfield.
Viscount Montague.
Viscount Townshend.
Viscount Weymouth.
Viscount Stormont.
Viscount Bolingbroke.
Viscount Falmouth.
Viscount Wentworth.
Viscount Dudley & Ward.
Viscount Hampden. |
Ds. Le Despencer.
Ds. Abergavenny.
Ds. De Ferrars.
Ds. Willoughby Par.
Ds. Craven.
Ds. Onslow.
Ds. Cadogan.
Ds. King.
Ds. Ponsonby.
Ds. Lyttelton.
Ds. Wycombe.
Ds. Grosvenor.
Ds. Scarsdale.
Ds. Boston.
Ds. Beaulieu.
Ds. Camden.
Ds. Brownlow. |
PRAYERS.
His Majesty's Answer to Address.
The Lord Chancellor reported, "That the House
did on Friday last present their Address to His Majesty, to which His Majesty was pleased to return the
following most Gracious Answer:
My Lords,
I thank you for this loyal and dutiful Address,
The Zeal you shew for My Honour and Support, and
the Firmness and Vigour you manifest in ihe present
Conjuncture, cannot fail to produce the best Effects;
it must add Confidence to My People, and encourage
animated Efforts to withstand, oppose and subdue,
every hostile attack upon the Honour and Interests of
My Kingdoms."
Ordered, That the said Address, together with His
Majesty's most gracious Answer thereto, be forthwith
printed and published.
E. Ferrers sat first in Parliament;
This Day Robert Earl Ferrers sat first in Parliament
after the Death of his Brother Washington Earl Ferrers;
his Lordship having first at the Table taken the Oaths,
and made and subscribed the Declaration, and also taken
and subscribed the Oath of Abjuration, pursuant to the
Statutes.
Pedigree delivered.
Garter King at Arms delivered in at the Table his
Lordship's Pedigree, pursuant to the Standing Order.
Spottiswoode to enter into Recognizance on Alston's et al. Appeal;
The House being moved, "That John Spottiswoode
of Northumberland Street, Gentleman, may be permitted to enter into a Recognizance for John Alston
and others, Merchants in Glasgow, on account of
their Appeal depending in this House, they living in
Scotland:"
It is Ordered, That the said John Spottiswoode may
enter into a Recognizance for the said Appellants, as
desired.
and on Thriepland's Appeal.
The House being moved, "That John Spottiswoode
of Northumberland Street, Gentleman, may be permitted to enter into a Recognizance for Doctor Stuart
Thriepland, Physician in Edinburgh, on account of his
Appeal depending in this House, he living in Scotland:"
It is Ordered, That the said John Spottiswoode may
enter into a Recognizance for the said Appellant, as desired.
Vickars against Attorney General of Ireland.
The House being moved, "That a Day may be appointed for hearing the Cause wherein Jeremiah Vickars of the City of Dublin, Merchant, and another, are
Appellants, and the Right Honourable John Scott Esquire, His Majesty's now Attorney General of Ireland,
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.
Baillie against Chaigneau et al.
The House being moved, "That a Day may be appointed for hearing the Cause wherein Arthur Baillie
Esquire, is Appellant, and William Chaigneau 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.
Gorman et al. against Mac Culloch et al.
The House being moved, "That a Day may be appointed for hearing the Cause wherein Francis Gorman
Esquire, and others, are Appellants, and William
Mac Culloch Esquire, and others, are Respondents, exparte, the Respondents not having put in their Answer thereto, though peremptorily ordered so to do:"
It is Ordered, That this House will hear the said
Cause ex-parte, by Counsel at the Bar, on the first vacant Day for Causes, after those already appointed, unless the Respondents put in their Answer thereto in the
mean Time.
Vicars and Grace against Colclough, et al.
The House being moved, "That a Day may be appointed for hearing the Cause, wherein Richard
Vicars Esquire, and Owen Grace Esquire, are Appellants, and Timothy Colclough 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.
L. Macdonald against Mac Leod.
Upon reading the Petition of Lord Macdonald, late
Sir Alexander Macdonald, Appellant in a Cause depending in this House, and of Norman Mac Leod Esquire, Respondent thereto, which stands appointed for
hearing this Day; setting forth, "That the Matter in
Dispute between the Parties in this Cause has for
some Time been under Terms of Compromise, but
the Treaty cannot be finished till the Return of the
Respondent from America, where he now is on the
Publick Service in the Army;" and therefore praying their Lordships, "That the Hearing of this Cause
may be postponed till the next Session of Parliament:"
It is Ordered, That the Hearing of the said Cause
be put off to the next Session of Parliament, as desired.
D. Argyll against Mac Lean.
Upon reading the Petition of John Duke of Argyll,
Appellant in a Cause depending in this House, and of
Allan Mac Lean of Drimnin, Esquire, Respondent thereto,
et e contra, which stands appointed for hearing on Monday next; setting forth, "That the Proceedings in this
Cause being very voluminous, and requiring much
Time to prepare, the exemplified Copy of them is not
yet arrived from Scotland;" and therefore praying
their Lordships, " That the Hearing of this Cause may
be adjourned till after the Causes already appointed:"
It is Ordered, That the Hearing of the said Cause
be put off till after the Causes already appointed, as desired.
Stewart against Magistrates of Greenock.
Upon reading the Petition of John Shaw Stewart Esquire, Appellant in a Cause depending in this House, and
of the Magistrates and Town Council of Greenock, Respondents thereto; setting forth, "That this Cause
standing in Course to be heard at their Lordships Bar
on Monday next, the Cases are printed and ready to
be delivered; but the Petitioner's Agents have been
informed by Letters received from Scotland within
these few Days, that the Parties are in Terms to compromise the Cause, and they expect every Post to hear
whether an Agreement has taken place;" and therefore praying, "their Lordships will be pleased to delay
the hearing of this Cause till Friday the 11th Current,
or any other Day their Lordships think more proper:"
It is Ordered, That the Hearing of the said Cause
be put off till after the Causes already appointed.
Scourfields Petition referred to Judges.
Upon reading the Petition of Henry Scourfield, of Lanion in the County of Pembroke, Esquire, and Elizabeth
his Wife, and Francis Scourfield, of Chobham in the County
of Surry, Clerk; praying Leave to bring in a Bill for
Purposes in the said Petition mentioned:
It is Ordered, That the Consideration of the said
Petition be, and is hereby referred to Mr. Justice Ashhurst
and Mr. Justice Nares, who are forthwith to summon all
Parties concerned in the Bill; and after hearing them,
are to report to the House the State of the Case, with
their Opinion thereupon, under their Hands; and whether all Parties who may be concerned in the Consequences of the Bill have signed the Petition, and also
that the Judges, having perused the Bill, do sign the
same.
McLean against Wilson.
Upon reading the Petition of Archibald McLean, Appellant in a Cause depending in this House, to which
John Wilson is Respondent; setting forth, "That in the
Course of the last Session of Parliament the Petitioner exhibited his Appeal to their Lordships against
certain Interlocutors of the Court of Session in Scotland, in a Cause between him and the Respondent:
That in stating his said Appeal to their Lordships, he
omitted an Interlocutor pronounced by the said Court
on the 19th of June 1775;" and therefore praying
their Lordships, "That he may be at Liberty to amend
his said Appeal by adding the said Interlocutor, he
amending the Respondent's Copy:"
It is Ordered, That the Petitioner be at Liberty to
amend his said Appeal by adding the said Interlocutor
as desired, he amending the Respondent's Copy.
Short against Munro, et al.
Upon reading the Petition of Thomas Short, Appellant in a Cause depending in this House, to which
Donald Munro and others are Respondents; setting
forth, "That the Petitioner finds his Circumstances
such, that it will be impossible for him to prosecute
his Appeal, without their Lordships allow him to prosecute in forma pauperis:. That the question turning
upon a Point of Scotch Law, he is in Hopes of having
the Assistance of Scotch Counsel after the Rising of the
Term of the Court of Session;" and therefore praying their Lordships, "to put off the Hearing of this
Cause till the 24th of March next, or to such other
Day as to their Lordships shall seem proper, the Agent
for the said Respondent having signed the said Petition as consenting thereto:"
It is Ordered, That the Hearing of the said Cause
be put off till after all the Causes already appointed.
East India Goods and Naval Stores delivered.
The House being informed, "That some of the Commissioners of the Customs attended:"
They were called in, and delivered at the Bar, pursuant to the several Acts of Parliament, the Return of
the said Commissioners, with the following Accounts;
(videlicet),
"1. An Account of prohibited East India Goods
imported into St. Helens and Private Trade Warehouse in the Port of London, from Michaelmas 1777,
to Michaelmas 1778; what delivered out for Exportation during that Period, and what remained in the
said Warehouse at Michaelmas 1778.
"2. An Account of prohibited East India Goods
imported into Leadenhall Warehouse in the Port of
London, from Michaelmas 1777, to Michaelmas 1778;
also what exported during that Time, and what remained in the said Warehouse at Michaelmas 1778.
"3. An Account of prohibited East India Goods
remaining in His Majesty's Warehouse in the Port of
London, at Michaelmas 177; what have been since
brought in, what exported, as also what remained at
Michaelmas 1778.
4. An Account of East India Goods prohibited to
be worn in this Kingdom, in the respective Warehouses in the Out Ports at Michaelmas 1777; what
have been since brought in, what exported, as also
what remained at Michaelmas 1778.
5. An Account of prohibited East India Goods
which have been delivered out of the Warehouses at
Saint Hellens, Leadenhall and Billiter Lane, and
the Custom House in the Port of London, since Michaelmas 1777, in order to be dyed, glazed and refreshed, what have been since returned, and what
remained at Michaelmas 1778.
6. An Account of Naval Stores imported from
Russia into the Port of London, from Michaelmas
1777, to Michaelmas 1778.
7. An Account of Naval Stores imported from
Russia into the Ports of England, commonly called The
Out Ports, from Michaelmas 1777, to Michaelmas
1778.
8. An Account of the Number of Ships which
have been employed in the Whale Fishery to Davis's
Streights and the Greenland Seas, with their respective
Names and Burthens, from whence they were sitted
out, and at what Port in Great Britain they were discharged, and also what Quantity of Oil or Whale
Fins each Ship has imported in the Year 1778."
And then they withdrew.
And the Titles thereof being read by the Clerk;
Ordered, That the said Accounts do lie on the
Table.
Order for erecting a Gallery read.
The House was moved, "That the Order of the last
Session for erecting a Gallery might be read."
The same was accordingly read by the Clerk as follows; (videlicet)
Ordered, That His Majesty's Surveyor General
do take Care and give Order for the erecting a Gallery over the Lobby Door across this House, and that
he take Notice thereof as from this Day."
Surveyor General to attend.
Ordered, That His Majesty's Surveyor General
do attend this House on Monday next.
Papers published at New York; Address.
Ordered, That an humble Address be presented to
His Majesty, to desire, "That He will be graciously
pleased to give Directions that there be laid before
this House, "A Copy of the several Papers published
at New York, by the Authority of His Majesty's Commissioners there."
Ordered, That the said Address be presented to His
Majesty by the Lords with White Staves.
Lords summoned.
Ordered, That all the Lords be summoned to attend the Service of the House on Monday next.
L. Percy for a Divorce Bill.
Upon reading the Petition of Hugh Baron Percy,
praying Leave to bring in a Bill to dissolve his Marriage
with Anne Baroness Percy, his now Wife, and to enable
him to marry again; and for other Purposes therein
mentioned:
It is Ordered, That Leave be given to bring in a
Bill, according to the Prayer of the said Petition.
Adjourn
Dominus Cancellarius declaravit præsens Parliamen-
tum continuandum esse usque ad et in diem Lunæ, septimum diem instantis Decembris, hora undecima Auroræ,
Dominis sic decernentibus.
DIE Lunæ, 7o Decembris 1778.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Archiep. Cantuar.
Archiep. Ebor.
Epus. Londin.
Epus. Bath. & Wells.
Epus. Asapben.
Epus. Petriburg.
Epus. Meneven.
Epus. Litch. & Cov.
Epus. Bangor.
Epus. Exon. |
Dux Gloucester.
Dux Cumberland.
Ds. Thurlow, Cancellarius.
Comes Gower, Præses.
Dux Richmond.
Dux Grafton.
Dux Bolton.
Dux Devonshire.
Dux Queensberry.
Dux Portland.
Dux Manchester.
Dux Dorset.
Dux Bridgewater.
Dux Northumberland.
March. Lothian.
March. Rockingham.
Comes Talbot, Senescallus.
Comes Hertford. Camerarius.
Comes Derby.
Comes Huntingdon.
Comes Suffolk.
Comes Denbigh.
Comes Chesterfield.
Comes Sandwich.
Comes Essex.
Comes Abingdon.
Comes Gainsborough.
Comes Plymouth.
Comes Scarbrough.
Comes Coventry.
Comes Jersey.
Comes Cholmondeley.
Comes Galloway.
Comes Oxford.
Comes Ferrers.
Comes Tankerville.
Comes Aylesford.
Comes Stanhope.
Comes Waldegrave.
Comes Ashburnbam.
Comes Effingham.
Comes Fitzwilliam.
Comes Powis.
Comes Egremont.
Comes Harcourt.
Comes Radnor.
Comes Spencer.
Comes Bathurst.
Comes Hillsborough.
Comes Ailesbury.
Comes Clarendon.
Comes Mansfield.
Viscount Montague.
Viscount Townshend.
Viscount Weymouth.
Viscount Stormont.
Viscount Bolingbroke.
Viscount Falmouth.
Viscount Wentworth.
Viscount Dudley & Ward.
Viscount Hampden. |
Ds. Le Despencer.
Ds. Abergavenny.
Ds. Percy.
Ds. De Ferrars.
Ds. Willoughby Par.
Ds. Paget.
Ds. Craven.
Ds. Onslow.
Ds. Cadogan.
Ds. Montfort.
Ds. Edgcumbe.
Ds. Fortescue.
Ds. Ponsonby.
Ds. Lyttelton.
Ds. Wycombe.
Ds. Grosvenor.
Ds. Scarsdale.
Ds. Boston.
Ds. Beaulieu.
Ds. Camden.
Ds. Amherst.
Ds. Brownlow.
Ds. Foley. |
PRAYERS.
M. Lothian takes the Oaths.
This Day William John Marquis of Lothian took the
Oaths, and made and subscribed the Declaration, and
also took and subscribed the Oath of Abjuration, pursuant to the Statutes.
Corman et al. against Mac Culloch.
The Answer of William Mac Culloch Esquire, to the
Appeal of Francis Gorman Esquire, and others, was this
Day brought in.
Alston et al. against Campbell et al.
As was also, The Answer of Colin Campbell and Company, Merchants in Greenock, and others, to the Appeal
of John Alston and others.
King's Answer to Address.
The Lord Chamberlain reported, "That the Lords
with White Staves had (according to Order) waited
on His Majesty with their Lordships Address of Friday
last, for the Papers therein mentioned; and that His
Majesty was pleased to say, "He would give Directions accordingly."
Papers published at New York delivered.
The Earl of Suffolk, (by His Majesty's Command)
laid before the House, pursuant to an Address to His
Majesty on Friday last for that Purpose,
A Copy of the several Papers published at New
York by the Authority of His Majesty's Commissioners
there.
And the Title thereof being read by the Clerk;
Ordered, That the same do lie on the Table.
Surveyor General examined in relation to crecting a Gallery:
The House being informed, "That Sir William Chambers attended:"
He was called in, and examined at the Bar, in relation
to the Order of last Session of Parliament, for erecting
a Gallery at the Bottom of the House, not being carried
into Execution.
And being withdrawn:
Motion to prepare Plans for a Gallery, refused.
It was moved, "That the proper Officer do prepare
to be laid before this House, A Plan or Plans for the
erecting at the lower End of the House a Gallery.
Which being objected to;
After Debate,
The Question was put thereupon?
It was resolved in the Negative.
Then it was moved, "That the Order of the last
Session of Parliament for erecting a Gallery, might be
read."
The same was accordingly read by the Clerk as follows; (videlicet)
"Ordered, That His Majesty's Surveyor General
do take Care and give Order for the erecting a Gallery
over the Lobby Door across this House, and that he
take Notice thereof as from this Day."
Order for erecting a Gallery discharged.
Then it was moved, "That the said Order be discharged."
Which being objected to,
The Question was put thereupon?
It was resolved in the Affirmative.
Ordered, That the said Order be discharged.
State of Dominica, Address for.
Ordered, That the humble Address be presented to
His Majesty, to desire, "That His Majesty would be
graciously pleased to direct that there be laid before
this House, the State and Condition of the Fortifications on the Island of Dominica, specifying the Time
when the different Works were executed, and the
Expence for the same, together with the Particulars
of the Quantities of Artillery, Ammunition and other
Ordnance Stores, with which that Island had been supplied since January 1770; as also, An Account of the
Number of Regular Troops on that Island, at the Time
of its being attacked by the Arms of the French King."
Ordered, That the said Address be presented to His
Majesty by the Lords with White Staves.
The Order of the Day being read for the Lords to be
summoned:
The Manifesto and Proclamation published by His
Majesty's Commissioners at New York laid before the
House (by His Majestys Command) this Day, was read
by the Clerk.
America, Address relative to Manifesto published by the Commissioners, negatived:
Moved, "That an humble Address be presented
to His Majesty, to express to His Majesty the Displeasure of this House at a certain Manifesto and Proclamation dated the Third Day of October 1778, and
published in America, under the Hands and Seals of
the Earl of Carlisle, Sir Henry Clinton Knight of the
Bath, and William Eden Esquire, Commissioners for
restoring Peace to the Colonies, and countersigned by
Adam Ferguson Esquire, Secretary to the Commission;
the said Manifesto containing a Declaration of the
following Tenor:
If there be any Persons who, divested of mistaken
Resentments, and uninfluenced by selfish Interests,
really think it is for the Benefit of the Colonies to
separate themselves from Great Britain, and that so
separated they will find a Constitution more mild,
more free, and better calculated for their Prosperity
than that which they heretofore enjoyed, and which
we are empowered and disposed to renew and improve,
with such Persons we will not dispute a Position which
seems to be sufficiently contradicted by the Experience they have had; but we think it right to leave
them fully aware of the Change which the maintaining such a Position must make in the whole Nature
and future Conduct of this War, more especially when
to this Position is added the pretended Alliance to the
Court of France. The Policy, as well as the Benevolence of Great Britain, have thus far checked the Extremes of War, when they tended to distress a People
still considered as our Fellow-Subjects, and to desolate a Country shortly to become again a Source of
mutual Advantage; but when that Country professes
the unnatural Design not only of estranging herself
from us, but of mortgaging herself and her Resources
to our Enemies, the whole Contest is changed; and
the Question is, How far Great Britain may, by every
Means in her Power, destroy or render useless a Connection contrived for her Ruin, and for the Aggrandizement of France: Under such Circumstances the
Laws of Self Preservation must direct the Conduct of
Great Britain; and if the British Colonies are to become an Accession to France, will direct her to render
that Accession of as little Avail as possible to her Enemies."
To acquaint His Majesty with the Sense of this
House, that the said Commissioners had no Authority
whatsoever under the Act of Parliament in virtue of
which they were appointed by His Majesty, to make
the said Declaration, or to make any Declaration to the
same or to the like Purport, nor can this House be
easily brought to believe that the said Commissioners
derived any such Authority from His Majesty's Instructions.
Humbly to beseech His Majesty that so much of the
said Manifesto as contains the said Declaration, be
forthwith publickly disavowed by His Majesty, as containing Matter inconsistent with the Humanity and
generous Courage which in all Times have distinguished the British Nation; subversive of the Maxims
which have been established among Christian and
civilized Communities; derogatory to the Dignity of
the Crown of this Realm; tending to debase the Spirit,
and to subvert the Discipline of His Majesty's Armies;
and to expose His Majesty's innocent Subjects, in all
Parts of His Dominions, to cruel and ruinous Retaliations."
Which being objected to;
After long Debate,
The Question was put thereupon?
It was resolved in the Negative.
Protest thereupon.
DISSENTIENT.
1st, Because the Publick Law of Nations, in affirmance of the Dictates of Nature and the Precepts of
revealed Religion, forbids us to resort to the Extremes of War upon our own Opinion of their Expediency, or in any Case to carry on War for the
Purpose of Desolation. We know that the Rights of
War are odious, and instead of being extended upon
loose Constructions and Speculations of Danger,
ought to be bound up and limited by all the Restraints
of the most rigorous Construction: We are shocked
to see the first Law of Nature, Self-Preservation, perverted and abused into a Principle destructive of all
other Laws; and a Rule laid down by which our
own Safety is rendered incompatible with the Prosperity of Mankind. Those Objects of War which cannot be compassed by fair and honourable Hostility,
ought not to be compassed at all; an End that has
no Means but such as are unlawful, is an unlawful
End. The Manifesto expressly founds the Change it
announces, from a qualified and mitigated War, to
a War of Extremity and Desolation, on the Certainty
that the Provinces must be independant, and must
become an Accession to the Strength of an Enemy.
In the midst of the Calamities by which our Loss
of Empire has been preceded and accompanied, in
the midst of our Apprehensions for the farther Calamities which impend over us, it is a Matter of fresh
Grief and accumulated Shame, to see from a Commission under the Great Seal of this Kingdom, a Declaration for desolating a vast Continent, solely because we had not the Wisdom to retain, or the Power
to subdue it.
2dly, Because the Avowal of a deliberate Purpose
of violating the Law of Nations, must give an Alarm
to every State in Europe. All Commonwealths have a
Concern in that Law, and are its natural Avengers.
At this Time surrounded by Enemies, and destitute of
all Allies, it is not necessary to sharpen and embitter
the Hostility of declared Foes, or to provoke the
Enmity of Neutral States. We trust that by the natural Strength of this Kingdom we are secured from
a Foreign Conquest, but no Nation is secured from
the Invasion and Incursions of Enemies; and it seems
to us the Height of Frenzy as well as Wickedness, to
expose this Country to cruel Depredations and other
Outrages too shocking to mention (but which are all
contained in the Idea of the Extremes of War and
Desolation) by establishing a false, shameful and pernicious Maxim, that where we have no Interest to preserve, we are called upon by Necessity to destroy.
This Kingdom has long enjoyed a profound internal
Peace, and has flourished above all others, in the Arts
and Enjoyments of that happy State. It has been the
Admiration of the World for its Cultivation and its
Plenty; for the Comforts of the Poor, the Splendor
of the Rich, and the Content and Prosperity of all.
This Situation of Safety may be attributed to the
Greatness of our Power: It is more becoming and
more true that we ought to attribute that Safety, and
the Power which procured it, to the ancient Justice,
Honour, Humanity and Generosity of this Kingdom,
which brought down the Blessing of Providence on
a People, who made their Prosperity a Benefit to
the World, and interested all Nations in their Fortune; whose Example of Mildness and Benignity at
once humanized others, and rendered itself inviolable.
In departing from those solid Principles, and vainly
trusting to the Fragility of human Force, and to the
Efficacy of Arms rendered impotent by their Perversion, we lay down Principles and furnish Examples of
the most atrocious Barbarity. We are to dread that
all our Power, Peace and Opulence should vanish like a
Dream, and that the Cruelties which we think safe to
exercise, because their immediate Object is remote, be
brought to the Coasts, perhaps to the Bosom of this
Kingdom.
3dly, Because if the Explanation given in Debate,
be expressive of the true Sense of the Article in the
Manifesto, such Explanation ought to be made, and
by as high Authority as that under which the exceptionable Article was originally published. The natural and obvious Sense indicates that the Extremes of
War had hitherto been checked, that His Majesty's
Generals had hitherto forborne (upon Principles of
Benignity and Policy) to desolate the Country; but
that the whole Nature and future Conduct of the
War must be changed, in order to render the American Accession of as little Avail to France as possible.
This, in our Apprehensions, conveys a Menace of
carrying the War to Extremes and to Desolation, or
it means nothing. And as some Speeches in the
House (however palliated) and as some Acts of singular Cruelty lately exercised, are perfectly conformable to the apparent Ideas in the Manifesto, it becomes
the more necessary for the Honor and Safety of this
Nation, that this Explanation should be made. As it
is refused, we have only to clear ourselves to our Consciences, to our Country, to our Neighbours, and to
every Individual who may suffer in consequence of
this atrocious Menace, of all Part in the Guilt or in
the Evils that may become its Punishment. And we
chuse to draw ourselves out, and to distinguish ourselves to Posterity, as not being the first to renew, to
approve, or to tolerate the Return of that Ferocity
and Barbarism in War, which a beneficent Religion
and enlightened Manners, and true Military Honour
had for a long Time banished from the Christian
World."
Camden.
Abergavenny.
Portland.
Abingdon.
Coventry.
Beaulieu.
Grafton.
Stanhope.
Wycombe.
Craven.
Rockingham.
Scarbrough.
I. St. Asaph.
Tankerville.
Cholmondeley.
Richmond.
Ponsonby.
Devonshire.
Bolton.
Derby.
Foley.
Radnor.
Manchester.
Spencer.
Egremont.
Fitzwilliam.
De Ferrars.
Harcourt.
Fortescue.
Ferrers.
Effingham.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis,
octavum diem instantis Decembris, hora undecima Auroræ, Dominis sic decernentibus.
DIE Martis, 8o Decembris 1778.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. Bath. & Wells.
Epus. Exon. |
Ds. Thurlow, Cancellarius.
Dux Richmond.
Dux Grafton.
Dux Portland.
March. Rockingham.
Comes Derby.
Comes Denbigh.
Comes Effingham.
Comes Clarendon.
Viscount Montague.
Viscount Townshend. |
Ds. Wycombe.
Ds. Amherst. |
PRAYERS.
Alston et al against Campbell and Co.
The House being moved, "That a Day may be
appointed for hearing the Cause wherein John Alston
Merchant, and others, are Appellants, and Messieurs
Colin Campbell and Company, Merchants, 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.
Causes put off.
Ordered, That the Hearing of the Cause wherein
John Coltart Esquire is Appellant, and Winifred Maxwell and others, are Respondents, et e contra, which
stands appointed for To-morrow, be put off to the First
Cause Day after the Recess at Christmas; and that the
rest of the Causes be removed in Course.
Westminster Bridge Accounts delivered.
The House being informed, "That Mr. Seddon from
the Commissioners of Westminster Bridge, attended;"
He was called in, and delivered at the Bar, pursuant
to Acts of Parliament, Two Books containing,
A State of the Proceedings of the Commissioners for
building Westminster Bridge, from the 25th Day of
November 1777, to the 1st Day of December 1778,
inclusive."
Also, "Accounts of the Treasurer to the Commissioners for Building Westminster Bridge, from the
10th Day of October 1777, to the 10th Day of October 1778, together with a Rent Roll, and an Account of Bridge Rents, from the 5th Day of July
1777, to the 5th Day of July 1778."
And then he withdrew.
And the Titles thereof being read by the Clerk;
Ordered, That the said Accounts do lie on the
Table.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis,
decimum diem instantis Decembris, hora undecima Auroræ, Dominis sic decernentibus.
DIE Jovis, 10o Decembris 1778.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Archiep. Ebor.
Epus. Exon. |
Dux Gloucester.
Ds. Thurlow, Cancellarius.
Dux Richmond.
Dux Bolton.
Dux Portland.
Dux Manchester.
Dux Bridgewater.
March. Rockingham.
Comes Hertford, Camerarius.
Comes Denbigh.
Comes Jersey.
Comes Abercorn.
Comes Effingham.
Comes Northington.
Viscount Montague.
Viscount Stormont.
Viscount Dudley & Ward. |
Ds. De Ferrars.
Ds. Paget.
Ds. Wycombe.
Ds. Boston. |
PRAYERS.
Thriepland against Walsh et al.
The Answer of John Walsh Esquire, and others, to
the Appeal of Doctor Stuart Thriepland, was this Day
brought in.
King's Answer to Address.
The Lord Chamberlain reported, "That the Lords
with White Staves had (according to Order) waited
on His Majesty with their Lordships Address of Monday last, for the Papers relating to the Island of
Dominica; and that His Majesty was pleased to say,
He would give Directions accordingly."
Lawson against Tait.
Upon reading the Petition and Appeal of James
Lawson, Merchant in Glasgow; complaining of Two
Interlocutors of the Lord Ordinary in Scotland, of the
16th of July and 10th of August 1776; and also of
Three Interlocutors of the Lords of Session there, of
the 6th of February and 5th of July 1777, and 15th
of January 1778, in so far as the Petitioner is found
liable in Payment of any Part of the Sums mentioned in the said Appeal, or found a Partner in the
Works and Purchases also therein mentioned; and also
so far as it is found, that besides the One Twenty-fourth Share in which John Hamilton was a Partner
on his own Account, he or his Son Alexander was
not also a Partner for a Twelfth Share more; 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 John
Tait, Writer to the Signet, may be required to answer
the said Appeal:"
It is Ordered, That the said John Tait may have
a Copy of the said Appeal, and do put in his Answer
thereunto in Writing, on or before Thursday the 7th Day
of January next; and Service of this Order upon the
said Respondent, or upon any of his Counsel, Agents,
or Solicitors in the Court of Session in Scotland, shall be
deemed good Service.
Fordyce et al. against Walsh et al.
Upon reading the Petition and Appeal of the Reverend Doctor James Fordyce and others, Assignees to the
Tack of the Lands and Estate of Belhelvie in Scotland;
complaining of Two Interlocutors of the Lords of Session
in Scotland, of the 18th and 23d of July 1778; and
praying, "That the same may be reversed, varied or
altered, or that the Appellants may have such other
Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem proper; and that John
Walsh Esquire, Francis Barlow Esquire, and Alexander
Gerrard Esquire, Trustees for the Creditors of the
Governor and Company of Undertakers for raising
Thames Water in York Buildings, and Martha Grove,
only Child and Heir of Samuel Grove, and certain
other Persons, Creditors of the said Governor and
Undertakers for raising Thames Water, may be required to answer the said Appeal:"
It is Ordered, That the said John Walsh Esquire,
and the said several other Persons last named, may have
a Copy of the said Appeal, and do put in their Answer
or respective Answers thereunto, in Writing, on or before Thursday the 7th Day of January next; and Service of this Order upon the said Respondents, or upon
any of their known Counsel or Agents in the Court of
Session in Scotland, shall be deemed good Service.
Pughe et Ux. against D. Leeds et al.
Upon reading the Petition and Appeal of Lewis
Pughe Esquire, and Elizabeth his Wife; complaining of
Part of a Decree of the Court of Chancery, of the 25th
of June 1776, in so far as it directs that the Interest on
the Sum of Five thousand Pounds should be computed
from the Death of the Petitioner, Elizabeth's Father,
whereas the Petitioners conceive that the said Decree ought
to have directed the said Interest to be computed from the
Death of the Petitioner Elizabeth's Mother; and also of
another Decree of the said Court, of the 10th of December
1777; and praying their Lordships, "To vary so much
of the said former Decree as aforesaid, and that the
said latter Decree may be reversed, or to make such
further or other Order in the Premises, as to their
Lordships, in their great Wisdom, shall seem meet;
and that Thomas Duke of Leeds, Francis Lord Godolphin, George Gould Esquire, and John Quicke Esquire,
and Mary his Wife, may be required to answer the
said Appeal:"
It is Ordered, That the said Thomas Duke of Leeds,
Francis Lord Godolphin, George Gould Esquire, and John
Quicke Esquire, and Mary his Wife, may have a Copy
of the said Appeal, and do put in their Answer or respective Answers thereunto, in Writing, on or before
Thursday, the 24th Day of this instant December; and
Service of this Order upon the Clerks in Court of the
said Parties, in the said Court of Chancery, shall be
deemed good Service.
Dickson against Dickson.
Upon reading the Petition and Appeal of Captain
Archibald Dickson, of the Royal Navy; complaining of
an Interlocutor of the Lord Ordinary in Scotland, of the
20th of February 1774; 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 Captain William Dickson of
the Royal Navy, may be required to answer the said
Appeal:"
It is Ordered, That the said Captain William Dickson may have a Copy of the said Appeal, and do put in
his Answer thereunto, in Writing, on or before Thursday,
the 7th Day of January next; and Service of this Order upon the said Respondent, or his known Procurators
or Agents in the Court of Session in Scotland, shall be
deemed good Service.
Dallas against Dallas:
Upon reading the Petition and Appeal of Alexander
Dallas, of North Newton, complaining of Six Interlocutors of the Lord Ordinary in Scotland, of the 1st of
August 1775, the 20th of February 1776, and the 4th
of July, 17th and 19th of November, and 16th of December 1777; and also of Two Interlocutors of the Lords
of Session in Scotland, of the 13th of December 1776,
and 28th of February 1777; 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 Dallas, Wright in
Edinburgh, may be required to answer the said Appeal:"
It is Ordered, That the said William Dallas may
have a Copy of the said Appeal, and do put in his
Answer thereunto, in Writing, on or before Thursday,
the 7th Day of January next; and Service of this Order
upon the said Respondent, or his known Counsel, Agent,
or Solicitor in the Court of Session in Scotland, shall be
deemed good Service.
Chalmer to enter into Recognizance on said Appeal.
The House being moved, "That James Chalmer, of
Leicester Fields, Gentleman, may be permitted to enter
into a Recognizance for Alexander Dallas, on Account
of his Appeal depending in this House, he living in
Scotland:"
It is Ordered, That the said James Chalmer may
enter into a Recognizance for the said Appellant, as desired.
Seton to enter into Recognizance on Dickson's Appeal.
The House being moved, "That John Seton Gentleman, may be permitted to enter into a Recognizance
for Captain Archibald Dickson, of the Royal Navy,
on Account of his Appeal depending in this House, he
being at Sea on His Majesty's Service:"
It is Ordered, That the said John Seton may enter
into a Recognizance for the said Appellant, as desired.
American Habeas Corpus Bill.
A Message was brought from the House of Commons,
by Sir Grey Cooper, and others:
With a Bill, intituled, "An Act for further continuing an Act, made in the Seventeenth Year of the
Reign of His present Majesty, intituled, "An Act to
empower His Majesty to secure and detain Persons
charged with, or suspected of, the Crime of High
Treason, committed in any of His Majesty's Colonies
or Plantations in America, or on the High Seas, or
the Crime of Piracy;" to which they desire the Concurrence of this House.
Winforton Enclosure Bill.
A Message was brought from the House of Commons,
by Mr. Alderman Harley, and others:
With a Bill, intituled, "An Act for extinguishing
the Right of Common upon certain enclosed Lands,
within the Parish of Winforton, in the County of Hereford;" to which they desire the Concurrence of this
House.
Hose's Naturalization Bill.
A Message was brought from the House of Commons,
by Mr. Whitworth, and others:
With a Bill, intituled, "An Act for naturalizing
John Daniel Hose;" to which they desire the Concurrence of this House.
The said Three Bills were, severally, read the First
Time.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris,
undecimum diem instantis Decembris, hora undecima
Auroræ, Dominis sic decernentibus.