The Earl of Liverpoolsaid, he rose, in obedience to his majesty's command, to lay on their lordships table several bills for restoring the honours of some noble families which had been forfeited by attainder. In that visit which his majesty had graciously been pleased to make to Scotland, which had never before been visited by any sovereign of his house, nor indeed by any sovereign on the throne, since the Revolution, it was natural that 816 those persons whose ancestors had been attainted, but who were themselves conscious of irreproachable fidelity and unshaken loyalty to the illustrious house of Hanover, should humbly petition his majesty to be restored to those titles and honours which their ancestors had possessed. Nor could it be thought extraordinary by those who were acquainted with the benevolent disposition of his majesty, that he should lend a willing ear to the petition. But, before the prayer of the petition could be adopted some consideration was necessary; and it was only now that these bills could be laid on their lordships' table. The bills included four persons; and it was not necessary for him to state the circumstances which led to the selection. It could not, however, be denied, that it was in the discretion of the Crown to decide if any, and what cases should be selected; and the reading of the names would satisfy their lordships, that in the selection there was no disposition to proceed on any narrow or party principle. It was material to state that these acts were entirely acts of grace and favour. No consideration should induce him, in bringing in these bills, to throw any doubt on the justice or propriety of the original attainder. He was induced to say this, because on the last case, there might be some doubts as to the propriety and justice of the decision. Having said thus much on this point, he would confess that he felt great satisfaction, that he was also commanded by his majesty to present their lordships with a bill for doing an act of justice. To those bills already mentioned, he had to add another, for reversing the attainder of lord Stafford, signed, like the others, by the king, and proceeding from the Crown. Their lordships must agree with him in thinking this was only an act of justice; for that attainder was the greatest blot on our history. He felt great satisfaction that he had to perform this act of justice, at the same time with an act of grace and favour. The noble earl then moved the first reading of a bill to restore John Francis Erskine to the honours of earl of Mar; a bill to restore John Gordon, esq. to the honours of earl of Kenmure;a bill to restore James Drummond, esq., to the honours of earl of Perth, and lord Strathallan.
The Earl of Lauderdale, on hearing the last bill read, observed, that this was a measure with regard to which considerable doubts must arise. It would probably 817 be found to be a question whether the person whose attainder it was proposed to reverse was lord Strathallan. The bill might be found to be a misnomer, and it would therefore be proper to have the opinion of the judges as to who was lord Strathallan.
The Earl of Radnorthought, that the first thing to be done should be, to lay on the table the document on which the attainder was founded.
The Earl of Liverpoolassured their lordships that the course of proceeding he had adopted was perfectly regular. If they agreed to the bill at all, it was necessary that it should, in the first instance, be brought down signed by the Crown. They would afterwards have opportunities for the full consideration of the measure.
The Lord Chancellorsaid, it was not necessary to produce any documents of the kind to which the noble earl had alluded, as the act of parliament by which the attainder had been effected was recited in the bill.
Lord Hollandsaid, he would always give every kind of encouragement to bills of this description. In the course of the further proceedings, it would be for their lordships to take care that due attention was paid to all the questions of law which the measure might involve.
The Earl of Lauderdalehad merely risen to make their lordships aware of the nature of an objection which might be brought forward at another time.
The Earl of Radnorstill considered the proceeding a very extraordinary one, and suggested that the bill should be printed.
The Earl of Liverpoolpresented a bill for restoring William Nairn, esq., to the honours of lord Nairn, and moved that it be read a first time.
§ The bills were read a first time; as was also a bill for the reversal of the attainder of lord Stafford.