House of Lords Journal Volume 33
November 1770, 11-20

Sponsor

History of Parliament Trust

Publication

Year published

1767-1830

Pages

3-10

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: November 1770, 11-20', Journal of the House of Lords volume 33: 1770-1773 (1767-1830), pp. 3-10. URL: http://british-history.ac.uk/report.aspx?compid=113535 Date accessed: 16 April 2014. Add to my bookshelf


Highlight

(Min 3 characters)

Contents

Anno 11o Georgii Tertii.
The King present. His Majesty’s Speech. Pedigrees of Peers delivered. Lords sat first in Parliament. Duke of St. Albans takes the Oaths. Bill pro Forma read. His Majesty’s Speech reported. Motion for an address on His Majesty’s Speech. An Amendment proposed, and disagreed to. Address reported. Congratulatory Message to the Queen on the Birth of a Princess. Committee of Privileges. Claim to the Earldom of Anglesea. Committee for the Journals. Stoppages is the Sheets, Order to prevent. Adjourn. Die Mercurii, 14o Novembris 1770.
Collins against Repington. His Majesty to be attended with address. Isdall against Fitzgerald et al. Adjourn. Die Lunæ, 19o Novembris 1770.
E. Home against Alcorn. E. Home et al. against Steel and Wilson. E. Home against Wilson. His Majesty’s Answer to address reported. Accounts relating to Civil List Revenues delivered. Thurston’s Petition referred to Judges. Respondents peremptorily to answer M’Kinnon’s Appeal. His Majesty’e Advocate against D. Gordon. Hearing put off till next Session. Willock et al. against Ouchterlony. Respondents peremptorily to answer Edmonstone’s Appeal. Respondents peremptorily to answer His Majesty’s Advocate for Scotland’s Appeal. Lords summoned. Adjourn. Die Martis, 20o Novembris 1770.
Wilson against E. Home, Cross Appeal. Dickson against the Ministers of the Presbytery of Biggars. L. Falconar et al. against Scott, Cross Appeal. Cusack et ux. against Cusack. Gilbert to enter into Recognizance on Fitzgerald et al. Appeal. Writs of Error. Ryland and Bryer against Hague. Walle and Reilly against Hindley and Needham. Hutcheson against the Representatives of James Shearer et al. Adjourn. Footnotes

Anno 11o Georgii Tertii.

Die Martis, 13o Novembris, 1770, Annoque Regni Serenissimi Domini Nostri Georgii Tertii, Dei Gratia, Magnæ Britanniæ, Franciæ, & Hib’tiia Regis, Fidei Defensoris, &c. Undecimo; in quem Diem hæc Quarta Sessio Parliamenti, per separalia Adjournamenta & Prorogations, continuata fuerat, in Superiori Domo Parliament Magna Britannia apud Westmonaster. convenere, Domini tam Spirituales quam Temporales, quorum Nomina subscribuntur, & præsentes fuerunt:

REX.

Archiep. Cantuar.Dux Gloucester.Ds. Harwich, Unus Primariorum Secretariorum.
Epus. Londin.Dux Cumberland.Ds. Le Despencer.
Epus. Eliens.Comes Gower, Præses.Ds. Willoughby Br.
Epus. Wigorn.Comes Halifax C. P. S.Ds. Willoughby Par.
Epus. Litch. & Cov.Dux Richmond.Ds. Paget.
Epus. Norvicen.Dux Grafton.Ds. Masham.
Epus. Bangor.Dux St. Albans.Ds. Romney.
Epus. Lincoln.Dux Bolton.Ds. King.
Epus. Meneven.Dux Devon.Ds. Godolphin.
Epus. Asaphen.Dux Athol.Ds. Montfort.
Epus. Carliol.Dux Ancaster, Magnus Camerarius.Ds. Chedworth.
Epus. Landaven.Dux Portland.Ds. Sandys.
Epus. Petriburg.Dux Manchester.Ds. Bruce.
Dux Bridgewater.Ds. Ponsonby.
Dux Newcastle.Ds. Vere.
Dux Northumberland.Ds. Mansfield.
March. Lothian.Ds. Wycombe.
March. Rockingham.Ds. Sondes.
Comes Talbot, Senescallus.Ds. Grantham.
Comes Hertford, Camerarius.Ds. Boston.
Comes Huntingdon.Ds. Pelham.
Comes Pembroke.Ds. Milton.
Comes Denbigh.Ds. Beaulieu.
Comes Peterborow.Ds. Camden.
Comes Sandwich.
Comes Essex.
Comes Carlisle.
Comes Doncaster.
Comes Litchfield.
Comes Abingdon.
Comes Holdernesse.
Comes Plimouth.
Comes Scarbrough.
Comes Rochford.
Comes Jersey.
Comes Cholmondeley.
Comes Abercorn.
Comes Loudon.
Comes March.
Comes Marchmont.
Comes Dartmouth.
Comes Tankerville.
Comes Bristol.
Comes Sussex.
Comes Harborough.
Comes Macclesfield.
Comes Pomfret.
Comes Kerr.
Comes Waldegrave.
Comes Ashburnham.
Comes Orford.
Comes Harrington.
Comes Buckinghamshire.
Comes Fitzwilliam.
Comes Powis.
Comes Cornwallis.
Comes Hardwicke.
Comes De Lawarr.
Comes Radnor.
Comes Spencer.
Viscount Montague.
Viscount Weymouth.
Viscount Bolingbroke.
Viscount Falmouth.
Viscount Torrington.
Viscount Wentworth.

The Lord Mansfield sat Speaker By Virtue of a former Commission.

The King present.

His Majesty, being seated on the Throne, adorned with his Crown and Regal Ornaments, and attended by His Officers of State (the Lords being in their Robes), commanded the Gentleman Usher of the Black Rod, to let the Commons know, “It is His Majesty’s Pleasure, they attend Him immediately, in this House.”

Who being come, with their Speaker; His Majesty was pleased to speak as follows:

My Lords, and Gentlemen,

His Majesty’s Speech.

When I last met you in Parliament, I renewed to you the Assurances which I had before given you, that it was My fixed purpose to preserve the general Tranquillity, maintaining at the same time the Honour of my Crown, together with the just Rights and Interests of My People; and it was with much Satisfaction, that I indulged the Hope of being still able to continue to My Subjects the Enjoyment of Peace, with Honour and Security. Since that Time, those very considerations, which I then promised you, that I would never sacrifice, even to the Desire of Peace, have laid Me under an indispensable Necessity of preparing for a different Situation.

By the Act of the Governor of Buenos Ayres, in seizing by Force One of My Possessions, the Honour of My Crown, and the Security of My People’s Rights, were become deeply affected. Under these circumstances, I did not fail to make an immediate Demand, from the Court of Spain, of such Satisfaction as I had a Right to expert for the Injury I had received. I directed also the necessary Preparations to be made, without Loss of Time, for enabling Me to do Myself Justice, in case My Requisition to the Court of Spain should fail of procuring it for Me; and these Preparations, you may be assured, I (hall not think it expedient to discontinue, until I (hall have received proper separation for the Injury, as well as satisfactory Proof that other Powers are equally Sincere with Myself in the Resolution to preserve the General Tranquillity of Europe. In the mean Time, I have called you thus early together, in order that I may be able to receive from you such Advice and Assistance, as in the farther Progress of this very important Business, may happen to become requisite.

With respect to the State of My Colonies in North America, although I have the Satisfaction to acquaint you, that the People in most of them have begun to depart from those Combinations, which were calculated to distress the Commerce of this Kingdom, yet in some Parts of the Colony of the Massachuset’s Bay very unwarrantable Practices are still carried on, and my good Subjects oppressed by the same lawless Violence which has too long prevailed in that Province.

I hope and trust, that the Precautions which have already been used for securing this Country against the Visitation of that fatal Calamity, which has of late appeared in some of the distant Parts of Europe, will, with the Blessing of God, prove successful. But if, from any Alteration of Circumstances, it should at any time be found, that farther Provisions will be wanted, I cannot doubt of your ready Concurrence for so salutary a purpose.

Gentlemen of the House of Commons,

I will order the proper Estimates for the Service of the ensuing Year to be laid before you. They must unavoidably, in our present Situation, exceed the usual Amount. Every unnecessary Expence My Concern for the Ease of My good Subjects will ever make me careful to avoid. But I should neither consult their Interest, nor their Inclination, if I were to decline any Expence, which the public Security, or the Maintenance of the National Honour, does at any Time require.

My Lords, and Gentlemen,

“I am sensible how little I need say to you at this Time, to prevail upon you to unite in whatever may belt promote the true Interest of your Country. In all your Deliberations upon Points of a domestic Nature, let the Extension of Our Commerce, the Improvement of the Revenue, and the Maintenance of Order and good Government, be always in your View. With respects to foreign Measures, there will, I am persuaded, be no other Contest among you, than who shall appear most forward in the Support of the common Cause, in upholding the Reputation and promoting the Prosperity of the Kingdom. For the Attainment of these Ends, you shall ever find Me ready to exert Myself to the utmost. I have no Interest, I can have none, distinct from that of My People.”

Then His Majesty was pleased to retire;

And the Commons withdrew

The House was adjourned during Pleasure to unrobe.

The House was resumed.

PRAYERS.

Pedigrees of Peers delivered.

Garter King at Arms delivered in, at the Table, the Pedigrees of James Earl of Cholmondeley, Robert Earl of Harborough, and Thomas Lord Grantham, pursuant to the Standing Order.

Lords sat first in Parliament.

This Day James Earl of Cholmondeley sat first in Parliament, after the Death of his Grandfather George Earl of Cholmondeley:

Also, this Day Robert Earl of Harborough sat first in Parliament, after the Death of his Brother Bennet Earl of Harborough:

And also, Thomas Lord Grantham sat first in Parliament, after the Death of his Father Thomas Lord Grantham:

Their Lordships having, first at the Table, taken the Oaths, and made and subscribed the Declaration, and also taken and subscribed the Oath of Abjuration, pursuant to the Statutes.

Duke of St. Albans takes the Oaths.

George Duke of St. Albans took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Bill pro Forma read.

Hodie, 1a vice letla est Billa, intituled, “An Act for the better regulating Select Vestries.”

His Majesty’s Speech reported.

The Speaker reported His Majesty’s Speech:

And the same being read by the Clerk;

Motion for an address on His Majesty’s Speech.

Moved, “That an humble address be presented to His Majesty, To return His Majesty the Thanks of this House for His Most Gracious Speech from the Throne.

To offer our very sincere Congratulations on the happy Delivery of the Queen, and the Birth of a Princess; to assure His Majesty of our unfeigned Joy at the Increase of His domestick Happiness, and that we consider every Addition to his Illustrious House, from which these Kingdoms have received the most important Benefits, as a farther Security to our Religious and Civil Liberties.

To assure His Majesty, that we are too sensible of the Blessing of Peace, not to feel the greatest Concern at any Event, which threatens to interrupt its Continuance, and defeat His Majesty’s wife and gracious Purpose to maintain it; but grateful as we are for this Proof of His Majesty’s paternal Regard to the Repose and Happiness of His People, we owe His Majesty no less Thanks for His anxious Vigilance over the Honour of His Crown, and the Interests of His People.

To return His Majesty our most thankful Acknowledgements, as well for the immediate Demand which His Majesty has been pleased to make from the Court of Spain, of Satisfaction for the Injury received, as for the instant Preparations that His Majesty made to do Himself Justice, in case His Requisition should fail of procuring it; and that we are exceedingly happy to be assured, that His Majesty will think it expedient to continue prepared to assert the Honour of His Crown, and the Security of the Rights of His People, upon an Event so deeply affecting both, until the Injury shall be properly repaired, and satisfactory Proof be given of the sincere Resolution of other Powers to preserve the general Tranquility of Europe. To assure His Majesty, that we will not fail to make the utmost Efforts in our Power to maintain Objects so justly dear to us, as the Dignity of His Majesty’s Crown, and the Security of the National Rights.

To express our Happiness at being informed that the People in most of His Majesty’s Colonies in North America, are departing from those Combinations which were calculated to distress the Commerce of this Kingdom, and that we hope soon to see an entire End of those unwarrantable Practices which have so long oppressed His Majesty’s Subjects in One of those Provinces.

To declare that we are highly sensible of His Majesty’s Goodness and Care, in taking such Precautions to secure this Country against the Visitation of that fatal Calamity, which has, of late, appeared in some of the distant Parts of Europe; and that we shall always be ready to concur in any Measures that shall be found necessary to the Support of His Majesty’s Endeavours for so salutary a purpose.

To express our most grateful Sense of His Majesty’s favorable Opinion of our constant Endeavours to promote the true Interest of this Country, that we will, in all our Deliberations upon Points of a domestic Nature, exert ourselves for the Extension of our Commerce, the Improvement of the Revenue, and the Maintenance of Order and Government; and that we flatter ourselves that His Majesty will not be disappointed in the gracious Expectations he has formed of our Zeal in the Support of His Majesty’s Crown, and the Reputation and Prosperity of His Kingdoms.”

An Amendment proposed, and disagreed to.

Then an Amendment was proposed to be made to the said Motion, after the Words, (“Satisfaction for the Injury received as for the),” to leave out the Word (“instant”):

Which being objected to:

After Debate;

The Question was put, Whether the Word (“instant”) mail stand Part of the Motion.”

It was resolved in the Affirmative.

Then the said Motion, as at first proposed, wag agreed to. And the Lords following were appointed a Committee to prepare an address, pursuant thereto; (videlicet),

Ld. President.L. Abp. Canterbury.L. Harwich.
Ld. Privy Seal.L. Bp. London.L. Le Despencer.
D. Grafton.L. Bp. Litch. & Cov.L. Willoughby Par.
D. Athol.L. Bp. Norwich.L. Paget.
D. Ancaster.L. Bp. Bp. Lincoln.L. Masham.
D. Bridgewater.L. Bp. Peterborough.L. Cadogan.
M. Lothian.L. Sandys.
Ld. Steward.L. Bruce.
Ld. Chamberlain.L. Grantham.
E. Denbigh.L. Boston.
E. Sandwich.
E. Essex.
E. Carlisle.
E. Doncaster.
E. Litchfield.
E. Rochford.
E. Jersey.
E. March.
E. Marchmont.
E. Bristol.
E. Waldegrave.
E. Cornwallis.
E. Spencer.
V. Weymouth.
V. Bolingbroke.
V. Falmouth.
V. Wentworth.

Their Lordships, or any Five of them, to meet immediately in the Prince’s Lodgings near the House of Peers; and to adjourn as they please.

The House was adjourned during Pleasure; and the Committee withdrew to prepare the address.

After some Time, the House was resumed;

And the Lord Sandys reported from the Committee an address drawn by them as follows; (videlicet,)

Most Gracious Sovereign,

Address reported.

We, Your Majesty’s most dutiful and loyal Subjects the Lords Spiritual and Temporal, in Parliament assembled, return Your Majesty our humble Thanks for Your Most Gracions Speech from the Throne.

We beg Leave to offer Your Majesty our very sincere Congratulations on the safe end happy Delivery of the Queen, and the Birth of a Princess; and to adure Your Majesty of our unfeigned Joy at the Increase of Your domestic Happiness, and that we consider every Addition to Your Illustrious House, from which these Kingdoms have received the most important Benefits, as a farther Security to our Religious and Civil Liberties.

We are too sensible of the Blessing of Peace, not to feel the greatest Concern at any Event, which threatens to interrupt its Continuance, and defeat Your Majesty’s wife and gracious purpose to maintain it; but grateful as we are for this Proof of Your Majesty’s paternal Regard to the Repose and Happiness of Your People, we owe Your Majesty no less Thanks for Your anxious Vigilance over the Honour of Your Crown, and the Interests of Your People.

We return Your Majesty our most thankful Acknowledgements, as well for the immediate Demand, which Your Majesty has been pleased to make from the Court of Spain, of Satisfaction for the Injury received, as for the instant Preparations that Your Majesty made, to do Yourself Justice, in case Your Requisition should fail of procuring it; and we are exceedingly happy to be assured that Your Majesty will think it expedient to continue prepared to assert the Honour of Your Crown, and the Security of the Rights of Your People, upon an Event so deeply affecting both, until the Injury mail be properly repaired,, and satisfactory Proof be given of the sincere Resolution of other Powers to preserve the General Tranquillity of Europe. We, on our Part, beg Leave to assure Your Majesty, that we will not fail to make the utmost Efforts in our Power to maintain Objects so justly dear to us, as the Dignity of Your Majesty’s Crown, and the Security of the National Rights.

We are very happy to be informed, that the People in most of Your Majesty’s Colonies in North America are departing from those Combinations, which were calculated to distress the Commerce of this Kingdom, and we hope soon to see an entire End of those unwarrantable Practices, which have so long oppressed Your Majesty’s Subjects in One of those Provinces.

We are highly sensible of Your Majesty’s Goodness and Care, in taking such Precautions to secure this Country against the Visitation of that fatal Calamity, which has of late appeared in some of the distant Parts of Europe; and we shall always be ready to concur in any Measures that shall be found necessary to the Support of Your Majesty’s Endeavours for so salutary a purpose.

We have the most grateful Sense of Your Majesty’s favourable Opinion of our constant Endeavours to promote the true Interest of this Country. We will, in all our Deliberations upon Points of a domestic Nature, exert ourselves for the Extension of our Commerce, the Improvement of the Revenue, and the Maintenance of Order and Government; and we slatter ourselves, that Your Majesty will not be disappointed in the gracious Expectations you have formed of our Zeal in the Support of Your Majesty’s Crown, and the Reputation and Prosperity of Your Kingdoms.”

Which address, being read by the Clerk; was agreed to by the House.

Ordered, That the said address be presented to His Majesty by the whole House.

Ordered, That the Lords with White Staves do wait on His Majesty, humbly to know what Time His Majesty will please to appoint to be attended therewith.

Congratulatory Message to the Queen on the Birth of a Princess.

Ordered, That a Message be sent from this House to the Queen, “To congratulate Her Majesty on the Birth of a Princess, and upon Her Majesty’s happy Recovery; and to assure Her Majesty of our sincere Joy in this Addition to Her domestic Felicity, and in the Increase of that illustrious House, from which these Kingdoms have received the most important Benefits.”

Ordered, That the said Message be presented to Her Majesty by the Earl of Jersey, and the Earl of March.

Committee of Privileges.

Lords Committees appointed to consider of the Orders and customs of this House, and Privileges of Parliament, and of the Peers of Great Britain and Lords of Parliament.

D. Gloucester.L. Abp. Canterbury.L. Harwich.
D. Cumberland.L. Bp. London.L. Le Despencer.
Ld. Chancellor.L. Bp. Ely.L. Willoughby Br.
Ld. President.L. Bp. Worcester.L. Willoughby Par.
Ld. Privy Seal.L. Bp. Litchfield & Cov.L. Paget.
D. Richmond.L. Bp. Norwich.L. Masham.
D. Grafton.L. Bp. Bangor.L. Romney.
D. St. Albans.L. Bp. Lincoln.L. King.
D. Bolton.L. Bp. St. Davids.L. Godolphin.
D. Devonshire.L. Bp. St. Asaph.L. Montfort.
D. Athol.L. Bp. Carlisle.L. Chedworth.
D. Ancastier.L. Bp. Landaff.L. Sandys.
D. Portland.L. Bp. Peterborough.L. Bruce.
D. Manchester.L. Ponsonby.
D. Bridgewater.L. Vere.
D. Newcastle.L. Mansfield.
D. Northumberland.L. Wycombe.
M. Lothian.L. Sendes.
M. Rockingham.L. Grantham.
Ld. Steward.L. Boston.
Ld. Chamberlain.L. Pelham.
E. Huntingdon.L. Milton.
E. Pembroke.L. Beaulieu.
E. Denbigh.L. Camden.
E. Peterborow.
E. Sandwich.
E. Essex.
E. Carlisle.
E. Doncaster.
E. Litchfield.
E. Abingdon.
E. Holdernesse.
E. Plymouth.
E. Scarbrough.
E. Rochford.
E. Jersey.
E. Cholmondeley.
E. Abercorn.
E. Loudon.
E. March.
E. Marchmont.
E. Dartmouth.
E. Tankerville.
E. Bristol.
E. Sussex.
E. Harborough.
E. Macclesfield.
E. Pomfret.
E. Kerr.
E. Waldegrave.
E. AShburnham.
E. Orford.
E. Harrington.
E. Bucks.
E. Fitzwilliam.
E. Powis.
E. Cornwallis.
E. Hardwicke.
E. De Lawarr.
E. Radnor.
E. Spencer.
V. Montague.
V. Weymouth.
V. Bolingbroke.
V. Falmouth.
V. Torrington.
V. Wentworth.

Their Lordships, or any Seven of them, to meet on Monday next, at Ten o’Clock, in the House of Peers, and every Monday after, and to adjourn as they please.

Claim to the Earldom of Anglesea.

Ordered, That the Petition of the Earl of Anglesea to His Majesty, praying, “A Writ of Summons to Parliament;” and the Petition of Constantine Lord Mulgrave, praying, “To be heard, by counsel, against the said Petition;” together with the Minutes of the Evidence taken before the Committee for Privileges in the last Session of Parliament, be referred to the said Committee.

Committee for the Journals.

Lords Sub-Committees appointed to consider of the Orders and customs of this House, and of the Privileges of the Peers of Great Britain and Lords of Parliament, and to peruse and perfect the Journals of this and former Sessions of Parliament.

D. Gloucester.L. Abp. Canterbury.L. Harwich.
D. Cumberland.L. Bp. London.L. Le Despencer.
Ld. President.L. Bp. Ely.L. Willoughby Br.
Ld. Privy Seal.L. Bp. Worcester.L. Willoughby Par.
D. Richmond.L. Bp. Litch. & Cov.L. Paget.
D. Grafton.L. Bp. Norwich.L. Masham.
D. St. Albans.L. Bp. Bangor.L. Romney.
D. Bolton.L. Bp. Lincoln.L. King.
D. Devonshire.L. Bp. St. Davids.L. Godolphin.
D. Athol.L. Bp. St. Asaph.L. Montfort.
D. Ancaster.L. Bp. Carlisle.L. Chedworth.
D. Portland.L. Bp. Landaff.L. Sandys.
D. Manchester.L. Bp. Peterborough.L. Bruce.
D. Bridgewater.L. Ponsonby.
D. Newcastle.L. Vere.
D. Northumberland.L. Mansfield.
M. Lothian.L. Wycombe.
M. Rockingham.L. Sondes.
Ld. Steward.L. Grantham.
Ld. Chamberlain.L. Boston.
E. Huntingdon.L. Pelham.
E. Pembroke.L. Milton.
E. Denbigh.L. Beaulieu.
E. Peterborow.L. Camden.
E. Sandwich.
E. Essex.
E. Carlisle.
E. Doncaster.
E. Litchfield.
E. Abingdon.
E. Holdernesse.
E. Plymouth.
E. Scarbrough.
E. Rochford.
E. Jersey.
E. Cholmondeley.
E. Abercorn.
E. Loudoun.
E. March.
E. Marchmont.
E. Dartmouth.
E. Tankerville.
E. Bristol.
E. Sussex.
E. Harborough.
E. Macclesfield.
E. Pomfret.
E. Kerr.
E. Waldegrave.
E. Ashburnham.
E. Orford.
E. Harrington.
E. Bucks.
E. Fitzwilliam.
E. Powis.
E. Cornwallis.
E. Hardwicke.
E. De Lawarr.
E. Radnor.
E. Spencer.
V. Montague.
V. Weymouth.
V. Bolingbroke.
V. Falmouth.
V. Torrington.
V. Wentworth.

Their Lordships, or any Three of them, to meet when, where, and as often as they please.

Stoppages is the Sheets, Order to prevent.

The House taking Notice, “That there is such an Interruption by Hackney Coaches, Carts, and Drays, in the Streets and Passages leading to this House, that the Lords and others are frequently hindered from coming thereto:”

It is thereupon Ordered, by the Lords Spiritual and Temporal, in Parliament assembled, That the High Steward of the City of Westminster, or his Deputy, together with the Justices of the Peace of the said City, shall, by their strict Care and Directions to the Constables and other Officers within their Jurisdiction, take special Order, That no empty Hackney Coaches be suffered to make any Stay between Whitehall and the End of Abingdon Street in Westminster, from Twelves of the Clock at Noon until Five of the Clock in the Afternoon of the same Day, during the Sitting of this Parliament; and that no Carriages, Drays, or Carts, be permitted to stop in the Streets and Passages between the End of Market Lane in Pall Mall, and the End of Abingdon Street between the Hour’s aforesaid; or to pass through the Old Palace Tard from One of the Clock in the Afternoon, until One Hour after the Riling of this House, during the Sitting of this Parliament; and that all Carriages, Drays, or Carts, hereby permitted to pass through the said Streets and Passages, be obliged to go One after another, in the Manner following; (that is to say), All Carriages, Drays, or Carts, going towards Westminster, to keep on the Side of the Street or Passage next to Saint James’s Park and all those going the contrary Way, to keep on the other Side of the Street; and upon no Account whatsoever to presume to go Two or more a breast, during the Sitting of this Parliament; and herein special Care is to be taken by the said Deputy Steward, Justices of the Peace, Constables, and all other Officers herein concerned, as the contrary will be answered to this House: And it is further Ordered, That the High Bailiff of the City of Westminster, and the justices of the Peace for the City and Liberty thereof, or some of them residing in Westminster, be served with the Order of this House, made this Day, for the purposes aforesaid.

Adjourn.

Dominus Mansfield Capitalis Justiciarius Banci Regii declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, decimum quartum diem instantis Novembris, hora undecima Auroræ, Dominis sic decernentibus.

Die Mercurii, 14o Novembris 1770.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Norvicen.Comes Hertford, Camerarius.Ds. Willoughby Par.
Epus. Meneven.Ds. Sandys.
Epus. Petriburg.Ds Mansfield.
Ds. Grantham.

PRAYERS.

The Lord Mansfield sat Speaker, by virtue of a former Commission.

Collins against Repington.

The Answer of Charles Edward Repington Esquire, an Infant, by Richard Lockwood Esquire his Guardian, to the Appeal of Simon Collins Clerk, was this Day brought in.

As was also, The Answer of the Guardians and Governors of the Possessions, Revenues, and Goods of the Free Grammar School of Elizabeth Queen of England in Tamworth, in the Counties of Warwick and Stafford, and the Twenty-four capital Burgesses of the Town of Tamworth aforesaid, to the same Appeal.

His Majesty to be attended with address.

The Lord Chamberlain reported, “That the Lords, with White Staves had (according to Order) waited on His Majesty, humbly to know what Time His Majesty would please to appoint to be attended with their Lordships address; and that His Majesty had appointed this Day at Two o’Clock, at His Palace of St. James.

Isdall against Fitzgerald et al.

Upon reading the Petition and Appeal of Oliver Isdall, of the County of in the Kingdom of Ireland, Esquire, complaining of Two Decretal Orders of the Court of Chancery in Ireland, of the 2d of June and 2d of July last, and praying, “That the same may be reversed and set aside, or that the Appellant may have such Relief in the Premises as to this House, in their Lordships great Wisdom, shall seem meet: And that Oliver Fitzgerald, Elizabeth Salmon, and Michael Howard, may be required to answer the said Appeal:”

It is Ordered, That the said Oliver Fitzgerald, Elizabeth Salmon, and Michael Howard, may have a Copy of the said Appeal, and do put in their Answer, or respective Answers thereunto, in Writing, on or before Wednesday the 19th Day of December next; and Service of this Order upon the Clerk in Court, or Solicitor of the said Respondents, in the said Court of Chancery in Ireland, mail be deemed good Service.

Adjourn.

Dominus Mansfield Capitalis Justiciarius Banci Regii declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, decimum nonum diem instantis Novembris, hora undecima Auroræ, Dominis sic decernentibus.

Die Lunæ, 19o Novembris 1770.

Domini tam Spirituales quam Temporales praesentes fuerunt:

Archiep. Cantuar.Dux Gloucester.Ds. Harwich. Unus Primariorum Secretariorum.
Epus. Londin.Comes Gower, PræsesDs. Willoughby Br.
Epus. Bath. & Wells.Comes Hallifax, C. P. S.Ds. Willoughby Par.
Epus. Wigorn.Dux Richmond.Ds. Trevor.
Epus. Meneven.Dux Bolton.Ds. Sandys.
Epus. Asaphen.Dux Athol.Ds. Mansfield.
Epus. Landaven.Dux Ancaster, Magnus Camerarius.Ds. Lyttelton.
Epus. Petriburg.Dux Portland.Ds. Wycombe.
Dux Manchester.Ds. Sondes.
Dux Bridgewater.Ds. Grantham.
March. Rockingham.Ds. Boston.
Comes Talbot, Senescallus.Ds. Camden.
Comes Hertford, Camerarius.
Comes Denbigh.
Comes Gainsborough.
Comes Scarbrough.
Comes Rochford.
Comes Abercorn.
Comes Loudoun.
Comes Marchmont.
Comes Waldegrave.
Comes Powis.
V. Weymouth.
V. Falmouth.
V. Wentworth.

PRAYERS.

The Lord Mansfield sat Speaker by virtue of a former Commission.

E. Home against Alcorn.

The Answer of James Alcorn to the Appeal of Alexander Earl of Home, was this Day brought in.

E. Home et al. against Steel and Wilson.

As was also, The Answer of Janet Steel and William Wilson to the Appeal of Alexander Earl of Home and others.

E. Home against Wilson.

And also, The Answer, of William Wilson to the Appeal of Alexander Earl of Home.

His Majesty’s Answer to address reported.

The Speaker reported, “That the House did, on Wednesday last, present their address to His Majesty, to which, His Majesty was pleased to return the following most Gracious Answer; (videlicet,)

My Lords,

It gives Me great Satisfaction to find that you entertain so just a Sense of the Importance of Peace, while that desireable Object can be maintained confidently with the Honour of My Crown, and the Rights of My People: You may depend upon My belt Endeavours to preserve that inestimable Blessing, so long as it is compatible with Objects still more essential to the Happiness and Prosperity of My Kingdoms.

“The affectionate Part you take in the happy Delivery of the Queen, and the Increase of My Family, gives Me much Pleasure.”

Ordered, That the said address, together with His Majesty’s most Gracious Answer thereto, be forthwith printed and published.

Accounts relating to Civil List Revenues delivered.

The House being informed, “That Mr. Speirs from the Treasury attended:”

He was called in; and delivered at the Bar, pursuant to an address to His Majesty in the last Session of Parliament for the Accounts therein mentioned,

An Account of the Debt on the Civil List as it flood on the 5th Day of April 1762, the 5th Day of April 1763, the 5th Day of July 1765, and the 5th Day of July 1766; together with an Account of the Arrears of His late Majesty’s Civil List Revenues unapplied, and His present Majesty’s Civil List Cash remaining in the Exchequer at those several Times.

“And also, Copies of the Accounts transmitted to the Treasury by the several Offices, from which this Account is made up.”

And then he withdrew.

And the Titles thereof being read by the Clerk:

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

Thurston’s Petition referred to Judges.

Upon reading the Petition of Thomas Thurston of Maddox Street, in the County of Middlesex, Esquire, the sole Executor of Mary Essington, deceased, late the Widow and sole Executrix of John Essington, late of Ashlyns rn the Parish of Berkhamstead Saint Peter in the County of Hertford, Esquire, deceased, in Behalf of himself, and all other the Creditors of the said John Essington; praying leave to bring in a Bill for the Purposes in the Petition mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby referred to the Lord Chief Baron of the Court of Exchequer, and Mr. Justice Ashurst, 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.

Respondents peremptorily to answer M’Kinnon’s Appeal.

The House being informed, “That Sir Alexander MacDonald, and others, Respondents to the Appeal of Charles M’Kinnon of M’Kinnon; and his Curators, had not put in their Answer to the said Appeal, though duly served with the Order of this House for that purpose:”

And thereupon an Affidavit of William Scott, Clerk; to Mr. (fn. 1) Roderick MacLeod, Writer to the Signet, of the due Service of the said Order, being read:

Ordered, That the said Respondents do put in their Answer to the said Appeal, peremptorily in a Week.

His Majesty’e Advocate against D. Gordon. Hearing put off till next Session.

Upon reading the Petition of His Majesty’s Advocate for Scotland, Appellant in a Cause depending in this House, wherein his Grace the Duke of Gordon; and others, are Respondents, praying, “In regard the Matters in Dispute between the Parties are under Accommodation, that the Hearing of the said Cause may be put off till the next, Session of Parliament, the Agent for the said Respondents having signed the said Petition as consenting thereto:”

It is Ordered, That the Hearing of the said Cause be put off till the next Session of Parliament, as desired;

Willock et al. against Ouchterlony.

Upon reading the Petition and Appeal of Robert Willock, Bookseller in London, Patrick Stratton, Merchant in Montrose, and John Stratton his Son, Disponees in Trust, and Executors of George Ouchterlony, Merchant in London, deceased, complaining of Two Interlocutors of the Lords of Session in Scotland of the 14th of December 1769, and 21st of February last; and praying, “That the same may be reversed, varied, or altered, or that the Appellants may have such Relief in the Premises as to this House, in their great Wisdom, shall seem proper; and that John Ouchterlony may be required to answer the said Appeal:”

It is Ordered, That the said John Ouchterlony may have a Copy of the said Appeal, and do put in his Answer thereto, in Writing, on or before Monday the 17th Day of December next; and Service of this Order upon the Agent or Counsel of the said Respondent, in the said Court of Session, shall be deemed good Service.

Respondents peremptorily to answer Edmonstone’s Appeal.

The House being informed, “That Campbell Edmonstone Esquire, and others, Respondents to the Appeal of Archibald Edmonstone of Duntreath Esquire, had not put in their Answer to, the said Appeal, though duly served with the Order of this House for that purpose:”

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

Ordered, That the said Respondents do put in their Answer to the said Appeal, peremptorily in a Week.

Respondents peremptorily to answer His Majesty’s Advocate for Scotland’s Appeal.

The House being informed, “That William Marquis of Lothian, Respondent to the Appeal of James Montgomery, His Majesty’s Advocate for Scotland, on Behalf of His Majesty, had not put in his Answer to the said Appeal, though duly served with the Order of this House for that purpose:”

And thereupon an Affidavit of Thomas Blackhall Clerk to John Russell, Clerk to the Signet, of the due Service of the said Order, being read:

Ordered, That the said Respondent do put in his Answer to the said Appeal, peremptorily in a Week.

Lords summoned.

Ordered, That all the Lords be summoned to attend the Service of the House, on Thursday next.

Adjourn.

Dominus Mansfield Capitalis Justiciarius Banci Regii declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, vicesimum diem instantis Novembris, hora undecima Auroræ, Dominis sic decernentibus.

Die Martis, 20o Novembris 1770.

Domini tam Spirituales quam Temporales præentes fuerunt:

Epus. Cestrien.Dux Portland.Ds. Willoughby Par.
Epus. Carliol.Comes Denbigh.Ds. Paget.
Comes Abercorn.Ds. Masham.
Viscount Wentworth.Ds. Mansfield.
Ds. Boston.

PRAYERS.

The Lord Mansfield sat Speaker, by virtue of a former Commission.

Wilson against E. Home, Cross Appeal.

The Answer of Alexander Earl of Home, to the Cross Appeal of William Wilson, Writer to the Signet, was this Day brought in:

Dickson against the Ministers of the Presbytery of Biggars.

As was also, The Answer of the Ministers of the Presbytery of Biggar, to the Appeal of David Dickson of Kilhucho:

L. Falconar et al. against Scott, Cross Appeal.

Also, The Answer of James Scott of Brotherton Esquire, to the Cross Appeal of William Lord Falconar of Halkorton, and others:

Cusack et ux. against Cusack.

And also, The Answer of Bridget Cusack, to the Appeal of James Cusack, and Angelina his Wife.

Gilbert to enter into Recognizance on Fitzgerald et al. Appeal.

The House being moved, “That Richard Gilbert Gentleman, may be permitted to enter into a Recognizance for Oliver Isdall Esquire, on Account of his Appeal depending in this House, he residing in Ireland:

It is Ordered, That the said Richard Gilbert Gentleman may enter into a Recognizance for the said Appellant, as Desired.

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 Two Writs of Error:

In the first of which,

Ryland and Bryer against Hague.

William Wynne Ryland and Henry Bryer are Plaintiffs, and Edward Hague is Defendant:

And in the last,

Walle and Reilly against Hindley and Needham.

Henry Walle and Peter Reilly are Plaintiffs, and John Hindley and Ellis Needham are Defendants.

Hutcheson against the Representatives of James Shearer et al.

The House being moved, “That a Day may be appointed for hearing the Cause, wherein William Hutcheson is Appellant, and the Representatives of James Shearer, 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.

Adjourn.

Dominus Mansfield Capitalis Justiciarius Banci Regii declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, vicesimum primum diem instantis Novembris, hora undecima Auroræ, Dominis sic decernentibus.

Footnotes

1 Sic in Orternali.