House of Lords Journal Volume 33
November 1770, 21-30

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History of Parliament Trust

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1767-1830

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10-18

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'House of Lords Journal Volume 33: November 1770, 21-30', Journal of the House of Lords volume 33: 1770-1773 (1767-1830), pp. 10-18. URL: http://british-history.ac.uk/report.aspx?compid=113536 Date accessed: 26 July 2014.


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Contents

Die Mercurii, 21o Novembris 1770.
Luttrell against Nettervill. Gray against Montagu. Order affirmed. Hutchison against the Representatives of James Shearer. Dickson to amend his Appeal. Adjourn. Die Jovis, 22o Novembris 1770.
Account of East India Goods and Naval Stores, &c. delivered. Motion for Address to His Majesty for Papers relating to Hostilities commenced by Spain, not agreed to. Motion for Address to His Majesty to acquaint the House with the Claims of Spain to Falkland’s Islands, not agreed to. Motion for Address to His Majesty for Papers touching the State of the Spanish Forces in the Well Indies, not agreed to. Queen’s Answer to congratulatory Message. Adjourn. Die Veneris, 23o Novembris 1770.
Perny’s Nat. Bill. Petitions for private Bills, Time limited. Adjourn. Die Martis, 27o Novembris 1770.
Sitting of the Committee on the Anglesea Claim of Peerage put off. Writs of Error: Needham against Marriott. Ravenshaw and Sheppard against Alnutt. Lynch and Lennan against John, Jean, and Peter Clifford. Wolfe against Freeman. Judith against Cox. Lords to be summoned. To prohibit the Exportation of Corn, &c. Bill. Proceeding of Commissioners for Westminster Bridge delivered. Perny’s Nat. Bill. GedDie et al. against Dempster, Appeal referred to a Committee. Ross against Ross. Macdonald against Macdonald et al. Dunbar against Lem et Ux. Wright against Ure et al. Rolfe against Patersons. E. Belvedere against Rochfort. Adjourn. Die Mercurii, 28o Novembris 1770.
Perny’s Nat. Bill. To prohibit the Exportation of Corn, &c. Bill. Perny’s Nat. Bill. Message to H. C. that the Lords have agreed to it. Bill to prohibit the Exportation of Corn, &c. Message to H. C. that the Lords have agreed to it. Sinclair and Sutherland against Menzies and Fraser. Longlands to enter into Recognizance on Macdonald’s Appeal: and on Wright’s Appeal. Fell to enter into Recognizance on Rolles Appeal. Motion for Captain Hunt to attend. Motion to address His Majesty to know when the first Demand for Reparation from Spain, relative to Falkland’s Island was made. Adjourn Die Jovis 29o Novembris 1770.
King present. Bills passed. Ryland and Bryer against Hague. Walle, and Reilly against Hundley and Needham: Writs of Error non pros’d with Costs. Ellis to enter into Recognizance on E. Belvedere’s Appeal. Cusack et Ux. against Gilbert et al. Adjourn. Footnotes

Die Mercurii, 21o Novembris 1770.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Petriburg.Comes Abercorn.Ds. Willoughby Par.
Comes Marchmont.Ds. Sandys.
Comes Pomfret.Ds. Bruce.
Ds. Mansfield.
Ds. Boston.

PRAYERS.

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

Luttrell against Nettervill.

The Answer of Robert Nettervill and Margaret his Wife, to the Appeal of John Luttrell, Executor of Thomas Luttrell, deceased, was this Day brought in.

Gray against Montagu.

After hearing Counsel upon the amended Petition and Appeal of George Grey Esquire, Hugh Moises, Edward Burton and Mary his Wife, Sir Thomas Wavering, George Clavering, John Smiles, and William Brown, complaining of an Order of the Court of Chancery of the 25th Day of February 1764, made in a certain Cause wherein George Grey Esquire, and the Reverend Hugh Moises Clerk, were Plaintiffs, and Edward Montagu Esquire, Anthony Isaacon, William Archdeacon, Thomas Davidson, Edmund Burton Esquire, and Mary his Wife, Sir Thomas Clavering Baronet, and George Clavering Esquire, John Smiles, William Brown, and His Majesty’s Attorney General, by amended Bill, and Bill of Revivor, were Defendants; and praying, “That the same might be reversed, or that the Appellants might have such Relief in the Premises as to this House, in their Lordships great Wisdom, should seem meet:” As also, upon the Answer of Edward Montagu, put in to the said Appeal, and due Consideration had of what was offered, on either Side, in this Cause:

Order affirmed.

It is Ordered and adjudged, by the Lords Spiritual and Temporal, in Parliament assembled, That the said Petition and Appeal be, and is hereby dismissed this House; and that the said Order therein complained of be, and the same is hereby affirmed.

Hutchison against the Representatives of James Shearer.

A Petition of William Hutchison, Appellant in a Cause depending in this House, to which the Representatives of James Shearer are Respondents, which stands appointed for Hearing, was presented and read, praying, “That their Lordships would be pleased to put off the hearing of this Cause, to Thursday the 31st Day of January next:”

And thereupon, the Agents on both Sides were called in, and heard at the Bar:

And being withdrawn:

Ordered, by Consent of the Agent for the Respondents, signified at the Bar, That the hearing of this Cause be put off to Thursday the 31 st Day of January next, as desired.

Dickson to amend his Appeal.

Upon reading the Petition of David Dickson of Kilhucho Esquire, Appellant in a Cause depending in this House, to which the Ministers of the Presbytery of Biggar are Respondents, setting forth, “That the Petitioner presented his Appeal to their Lordships, in the last Session of Parliament, against a Degree of the Court of Session in Scotland, in which Appeal there was by Mistake inserted the Name of Lockhart of Carnwath Esquire, eldest Son and Heir of George Lockhart of Carnwath Esquire, as One of the Respondents to the said Appeal;” and therefore praying their Lordships, “That he may be at Liberty to amend his said Appeal, by striking out the following Words in the Prayer of the said Appeal,and on Lockhart of Carnwath Esquire, eldest Son and Heir of the above mentioned George Lockhart of Carnwath, deceased;” and that the Name of the said Lockhart may be omitted in all the subsequent Proceedings in the said Appeal, he amending the Respondents Copy:“

It is Ordered, That the Petitioner be at Liberty to amend the said Appeal, as desired, he amending the Respondents Copy.

Adjourn.

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

Die Jovis, 22o Novembris 1770.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Archiep. Cantuar.Dux Gloucester.Ds.Harwich, Unus Primariorum Secretariorum.
Epus. Londin.Dux Cumberland.Ds. Le Despencer.
Epus. Bath. & Wells.Comes Gower, præses.Ds. Abergavenny.
Epus. Cestrien.Comes Halifax, C. P. S.Ds. Willoughby Br.
Epus. Wigorn.Dux Richmond.Ds. Willoughby Par.
Epus. Litch. & Cov.Dux Grafton.Ds. Masham.
Epus. Bangor.Dux Bolton.Ds. Romney.
Epus. Asaphen.Dux Devonshire.Ds. Cadogan.
Epus. Carliol.Dux Athol.Ds. King.
Epus. Landaven.Dux Ancaster, Magnus Camerarius.Ds. Chedworth.
Epus. Petriburg.Dux Portland.Ds. Sandys.
Dux Manchester.Ds. Bruce.
Dux Bridgewater.Ds. Archer.
Dux Northumberland.Ds. Ponsonby.
March. Lothian.Ds. Mansfield.
March. Rockingham.Ds. Lyttelton.
Comes Talbot, Senescallus.Ds. Wycombe.
Comes Hertford, Camerarius.Ds. Sondes.
Comes Huntingdon.Ds. Grantham.
Comes Denbigh.Ds. Boston.
Comes Sandwich.Ds. Pelham.
Comes Essex.Ds. Milton.
Comes Carlisle.Ds. Sundridge.
Comes Doncaster.
Comes Litchfield,
Comes Abingdon.
Comes Holdernesse.
Comes Scarbrough.
Comes Jersey.
Comes Cholmondeley.
Comes Abercorn.
Comes Loudoun.
Comes March.
Comes Marchmont.
Comes Dartmouth.
Comes Tankerville.
Comes Bristol.
Comes Sussex.
Comes Kerr.
Comes Waldegrave.
Comes Ashburnham.
Comes Harrington.
Comes Bucks.
Comes Fitzwilliam.
Comes Powis.
Comes Cornwallis.
Comes De Lawarr.
Comes Spencer.
Comes Chatham.
Viscount Weymouth.
Viscount Bolingbroke.
Viscount Falmouth.
Viscount Torrington.
Viscount Wentworth.

PRAYERS.

The LordMansfield sat Speaker, by virtue of a former Commission.

Account of East India Goods and Naval Stores, &c. 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 several Acts of Parliament, the Return of the said Commisioners with the following Accounts; (videlicet),

1. An Account of prohibited East India Goods, brought into Saint Hellens Warehouses, in the Port of London, from Michaelmas 1769, to Michaelmas 1770; also what exported during that Time, and what remained in the said Warehouses at Michaelmas 1770.

2. An Account of prohibited East India Goods, brought into Leadenhall and Billiter Lane Warehouses, in the Port of London, from Michaelmas 1769, to Michaelmas 1770; also what exported during that Time, and what remained in the said Warehouses at Michaelmas 1770.

3. An Account of prohibited East India Goods remaining in His Majesty’s Warehouse,in the Port of London, at Michaelmas 1769, what has been since brought in, what exported, as also what remained at Michaelmas 1770.

4. An Account of East India Goods prohibited to be worn in this Kingdom, in the respective Warehouses in the Out Ports, at Michaelmas 1769, what have been since brought in, what exported, as also what remained at Michaelmas 1770.

5. An Account of prohibited East India Goods, which have been delivered out of the Warehouses at Saint Hellens, Leaden Hall, Billeter Lane, and the Custom House, in the Port of London, since Michaelmas 1769, in order to be dyed, glazed, and refreshed, what have been returned, and what remained out, at Michaelmas 1770.

6. An Account of Naval Stores imported from Russia into the Port of London, from Michaelmas 1769, to Michaelmas 1770.

7. An Account of Naval Stores imported from Russia into the Ports of England, commonly called The Out Ports, from Michaelmas 1769, to Michaelmas 1770.

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 fitted 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 1770.

“An Account of all Corn, Grain, Meal, Malty, Flour, Bread, Biscuit, and Starch, exported from England, to any Place whatsoever, by virtue or in pursuance of any of the Liberties or Powers given or granted for that Purpose, by an Act passed last Session to prohibit the Exportation thereof, continued from last Account; videlicet, from the 10th of October 1769 exclusive, to the 10th of October 1770 inclusive.”

And then they withdrew.

And the Titles thereof being read by the Clerk:

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

Motion for Address to His Majesty for Papers relating to Hostilities commenced by Spain, not agreed to.

The Order of the Day being read for the Lords to be summoned:

Moved, “That an humble Address be presented to His Majesty, That He will be graciously pleased to give Directions, that there be laid before this House, Copies or Extracts of all Letters and other Papers containing any Intelligence received by any of His Majesty’s Principal Secretaries of State, the Commissioners for executing the Office of Lord High Admiral of Great Britain, or any other of His Majesty’s Ministers, between the 12th Day of September 1769, and the 12th Day of September 1770, touching any Hostilities commenced, or designed to be commenced by the Crown of Spain, or any of its Officers, against any Part of His Majesty’s Dominions, expressing the Time and Times at which such Intelligence was received:”

Which being objected to; and a Question stated thereupon:

After long Debate,

The previous Question was put, “Whether the said Question shall be now put?”

It was resolved in the Negative.

Motion for Address to His Majesty to acquaint the House with the Claims of Spain to Falkland’s Islands, not agreed to.

Then it was moved, “That an humble Address be presented to His Majesty, that He will be graciously pleased to give Orders, that this House be acquainted with any Claims that may have been set up by the Crown of Spain, to His Majesty’s Islands called Falkland’s Islands, expressing the Time and Times at which the Crown of Spain did set up such Claims:”

Which being objected to; and a Question stated thereupon:

The previous Question was put, “Whether the said Question shall be now put?”

It was resolved in the Negative.

Motion for Address to His Majesty for Papers touching the State of the Spanish Forces in the Well Indies, not agreed to.

Then it was moved, “That an humble Address be presented to His Majesty, that He will be graciously pleased to give Directions that there be laid before this House, Copies or Extracts of all Letters and other Papers containing any Intelligence received by any of His Majesty’s Principal Secretaries of State, the Commisioners for executing the Office of Lord High Admiral of Great Britain, or any other of His Majesty’s Ministers, between the 12th Day of September 1769, and the 12th Day of September 1770, touching the State of the Spanish Land and Sea Forces in the West Indies, as they flood on or since the First Day of June 1769; and also, touching the Departure of any Ships of War or Land Forces from the Ports of Spain, to any Part of the Spanish West Indies, since the said ist Day of June 1769, expressing the Time and Times at which such Intelligence was received.”

Which being objected to; and a Question stated thereupon:

The previous Question was put, “Whether the said Question shall be now put?”

It was resolved in the Negative.

Queen’s Answer to congratulatory Message.

The Earl of Jersey acquainted the House, “That he and the Earl of March had, pursuant to the Order of the 13th instant, carried their Lordships Message of Congratulation to Her Majesty on the Birth of a Princess; and that Her Majesty was pleased to return the following Answer:

My Lords,

“I sincerely thank you for this fresh Mark of your Duty to the King, and Attention to Me.”

Adjourn.

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

Die Veneris, 23o Novembris 1770.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Carliol.Dux Bolton.Ds. Masham.
Epus. Petriburg.Comes Abercorn.Ds. Mansfield.
Viscount Wentworth.Ds. Boston.

PRAYERS.

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

Perny’s Nat. Bill.

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

With a Bill, intituled, “An Act for naturalizing Bernard Perny;” to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Petitions for private Bills, Time limited.

Ordered, That this House will not receive any Petition for a Private Bill, after Friday the Eighth Day of February next.

Adjourn.

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

Die Martis, 27o Novembris 1770.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Archiep. Cantuar.Dux Glouceseter.Ds. Harwich, Unus Primariorum Secretariorum.
Epus. Londin.Comes Gower, Præses.Ds. Le Despencer.
Epus. Bath. & Wells.Comes Halifax, C. P. S.Ds. Abergavenny.
Epus. Worcester.Dux Athol.Ds. Willoughby
Epus. Litch. & Cov.Dux Portland.Ds. Trevor.
Epus. Norvicen.Dux Manchester.Ds. Masham.
Epus. Carliol.Dux Bridgewater.Ds. Romney.
March. Rockingham.Ds. Chedworth.
Comes Talbot, Senescallus.Ds. Sandys.
Comes Hertford, Camerarius.Ds. Bruce.
Comes Denbigh.Ds. Ponsonby.
Comes Carlisle.Ds, Mansfield.
Comes Scarbrough.Ds. Lyttelton.
Comes Cholmondeley.Ds. Wycombe.
Comes Abercorn.Ds. Boston.
Comes Loudoun.Ds. Camden.
Comes Marchmont.
Comes Dartmouth.
Comes Bristol.
Comes Harrington.
Comes Bucks.
Comes Powis.
Viscount Weymouth.
Viscount Falmouth.
Viscount Wentworth.

PRAYERS.

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

Sitting of the Committee on the Anglesea Claim of Peerage put off.

A Petition of the Right Honourable Constantine Lord Mulgrave, of the Kingdom of Ireland, was presented and read, setting forth, “That the Lords Committees for Privileges having heard Counsel, and examined the several Witnesses produced on the Part of Arthur Lord Viscount Valentia, of the Kingdom of Ireland, in Support of his Claim to the Title and Peerage of Earl of Anglesea, were pleased, upon the 19th Day of this instant November, to order that the said Committee should be adjourned to this Day, in order for Judgement to be then given by their Lordships upon the said Claim.

That, at the Time the Petitioner’s Counsel last appeared before the said Committee for Privileges, the Petitioner had not then received any certain Account of any Witnesses which he should be able to produce before the said Committee in Contradiction to the Allegations in the Petition of the said Lord Viscount Valentia, or to the Evidence which had been produced by him in Support of his Claim.

That the Petitioner hath, since the said last Adjournment of the said Committee, received Advice by Letter from Mr. Proby, the Petitioner’s Agent in Ireland, that Stopford Fielding Esquire, whom the Petitioner is advised and believes is a material Witness, in Contradiction to the Evidence which has been produced on the Part of the Claimant, would not be able to attend Mr. Proby to England till after the End of this Term, he being not only Agent, but a material Witness for Lord Courtown, in a Cause of his Lordship’s which was to be heard within the said Term; but that as soon as he was discharged from his necessary Attendance in the said Cause, the said Mr. Fielding would be ready to attend Mr. Proby to England, in order to give his Evidence before the said Committee; and Mr. Proby likewise, by Letter received from him by the Petitioner since the said 19th of November, informed the Petitioner, that Mr. John Little, whom the Petitioner likewise conceives to be a very material Witness to be produced by the Petitioner, in Contradiction to the Claimant’s Evidence, would be ready to come over to England, with Mr. Fielding and Mr. Proby, to give his Evidence before the said Lords Committees;” and therefore praying their Lordships, “That the further Consideration of the said Claim, in the said Committee for Privileges, may be adjourned to such Day, after the Recess, as to their Lordships shall seem meet.”

And thereupon, the Agents on both Sides were called in, and heard at the Bar:

And being withdrawn:

Ordered, That the Sitting of the said Committee be adjourned to the First Monday after the Meeting 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 Five Writs of Error:

In the First of which,

Needham against Marriott.

George Needham is Plaintiff, and Samuel Marriott, Assignee of the Sheriffs of London, is Defendant:

In the Second,

Ravenshaw and Sheppard against Alnutt.

Richard Ravenshaw and, George Sheppard are Plaintiffs, and Richard Alnutt is Defendant:

In the Third,

Lynch and Lennan against John, Jean, and Peter Clifford.

Isidore Lynch and Henry Lennan are Plaintiffs, and John Clifford, Jean Clifford, and Peter Clifford are Defendants:

In the Fourth,

Wolfe against Freeman.

William Wolfe is Plaintiff, and John Freeman is Defendant:

And in the last,

Judith against Cox.

Abraham Judith is Plaintiff, and Robert Albion Cox is Defendant.

Lords to be summoned.

Ordered, That all the Lords be summoned to attend the Service of the House To-morrow.

To prohibit the Exportation of Corn, &c. Bill.

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

With a Bill, intituled, “An Act to continue the Prohibition of the Exportation of Corn, Grain, Meal, Flour, Bread, Biscuit, and Starch; and also of the Extraction of Low Wines and Spirits from Wheat and Wheat Flour, for a further Time; and also to prohibit the Exportation of Malt for a limited Time; to which they desire the Concurrence of this House.

The said Bill was read the First and Second Time.

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.

Proceeding of Commissioners for Westminster Bridge delivered.

The House being informed, “That Mr. Seddon, from the Commisioners of Westminster Bridge, attended:”

He was called in; and delivered at the Bar, pursuant to several Act of Parliament, Two Books, containing,

A State of the Proceedings of the Commisioners for building Westminster Bridge, from the 31st Day of January 1770, to the 21st Day of November following, inclusive.

“Accounts of the Treasurer to the Commisioners for building Westminster Bridge, from the 5th Day of January 1770, to the 10th Day of October following; together with a Rent Roll, and an Account of Bridge Rents received from 5th July 1769, to 5th July 1770.”

And then he withdrew.

And the Titles thereof being read by the Clerk: Ordered, That the said Books do lie on the Table.

Perny’s Nat. Bill.

Hodie 2a vice lecta est Billa, intituled, “An Act for naturalizing Bernard Perny.”

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

Ld President.L. Abp. Canterbury.L. Harwich.
Ld. Privy Seal.L. Bp. London.L. Le Despencer.
D. Athol.L. Bp. Bath & Wells.L. Abergavenny.
D. Portland.L. Bp. Worcester.L. Willoughby Pr.
D. Manchester.L. Bp. Litch. & Cov.L. Trevor
D. Bridgewater.L. Bp. Norwich.L. Masham.
M. Rockingham.L. Bp. Carlisle.L. Romney.
Ld. Steward.L. Chedworth.
Ld. Chamberlain.L. Sandys.
E. Denbigh.L. Bruce.
E. Carlisle.L. Ponsonby.
E. Scarbrough.L. Mansfield.
E. Cholmondeley.L. Lyttelton.
E. Abercorn.L. Wycombe.
E. Loudoun.L. Boston.
E. Marchmont.L. Camden.
E. Dartmouth.
E. Bristol.
E. Harrington.
E. Bucks.
E. Powis.
V; Weymouth.
V. Falmouth.
V. Wentworth.

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.

GedDie et al. against Dempster, Appeal referred to a Committee.

Upon reading the Petition and Appeal of Robert Geddie junior, Merchant in Cupar in Fife, and Robert Mackintosh Esquire, Prosecutors in Concourse of His Majesty’s Advocate, for His Majesty’s Interest, complaining of an Interlocutory Judgement, or Decretal Order of the Court of the Lord Justice Clerk and Commissioners of Judiciary in Scotland, of the 1st of August 1768; and praying, “That the same may be reversed or altered, or that the Appellants may have such Relief in the Premises as to this House, in their Lordships great Wisdom, shall seem meet; and that George Dempster Esquire may be required to answer the said Appeal:”

It is Ordered, That the said Appeal be referred to a Committee (fn. 1) , to consider whether the same be properly brought, and to report their Opinion thereupon to the House.

Their Lordships, or any Five of them, to meet on the First Day of Meeting after the Recess at Christmas, at the usual Time and Place; and to adjourn as they please.

Ross against Ross.

Upon reading the Petition and Appeal of Elizabeth Ross and Hugh Ross Esquire, Merchant in London, her Husband, complaining of Two Interlocutors of the Lord Ordinary in Scotland, of the 23d of December 1769, and 27th of January 1770; and also of Two Interlocutors of the Lords of Session there, of the 2d of March, and 13th of July last; and praying, “That the same may be reversed, and that the Appellants may have such Relief in the Premises as to this House, in their Lordships great Wisdom, shall seem meet; and that David Ross may be required to answer the said Appeal:”

It is Ordered, That the said David Ross may have a Copy of the said Appeal, and do put in his Answer thereto, in Writing, on or before Tuesday the 25th Day of December next; and Service of this Order upon any One of the Procurators or Agents of the said Respondent, in the said Court of Session in Scotland, shall be deemed good Service.

Macdonald against Macdonald et al.

Upon reading the Petition and Appeal of Colin Macdonald of Boisdale, complaining of certain Parts of Three Interlocutors of the Lords of Session in Scotland, of the 14th of December 1769, the 22d of February, and 17th of July last; and praying, “That the same may be reversed, varied, or altered, 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 Ranald Macdonald of Clanranald, and the other Defenders in the said Action, may be required to answer the said Appeal:”

It is Ordered, That the said Ranald Macdonald and the other Defenders in the said Adlion, may have a Copy of the said Appeal, and do put in their Answer or respective Answers thereunto, in Writing, on or before Tuesday the 25th Day of December next; and Service of this Order upon the known Agents of the said Respondents, in the said Court of Session in Scotland, shall be deemed good Service.

Dunbar against Lem et Ux.

Upon reading the Petition and Appeal of John Dunbar, late of London Merchant, complaining of an Order of the Court of Exchequer of the 18th of July last, and also of Two Orders of the said Court of the 19th of the same Month; 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 William Lem and Ann his Wife, may be required to answer the said Appeal:”

It is Ordered, That the said William Lem and Ann his Wife, may have a Copy of the said Appeal, and do put in their Answer or respective Answers thereto, in Writing, on or before Tuesday the 11th Day of December next.

Wright against Ure et al.

Upon reading the Petition and Appeal of Thomas Wright of Easter Glins, complaining of several Interlocutors of the Lords of Session in Scotland, of the 20th of June 1766, the 22d of January, 10th of February, and 19th of December 1767, the 15th of January, 14th of December 1768, and 27th of January 1769; and also of Two Interlocutors of the Lord Ordinary there, of the 4th of August, and 4th of December 1767; and of an Interlocutor of the said Lords of Session there, of the 17th of December 1767; and praying, “That the same may be reversed, varied, or altered, 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 John Ure, and the other Parties in the said Action, may be required to answer the said Appeal:”

It is Ordered, That the said John Ure, and the said other Parties, may have a Copy of the said Appeal, and do put in their Answer or respective Answers thereunto, in Writing, on or before Tuesday the 25th Day of December next; and Service of this Order upon any of the Procurators or Agents, in the said Court of Session in Scotland, shall be deemed good Service.

Rolfe against Patersons.

Upon reading the Petitsonh and Appeal of Edmund Rolfe Esquire, complaining of a Decretal Order of the Court of Chancery of the 20th Day of November 1769; and praying, “That the same may be reversed, or that the Appellant may have such Relief in the Premises, as to this House shall seem meet; and that John Paterson the elder, and John Paterson the younger, may be required to answer the said Appeal:”

It is Ordered, That the said John Paterson the elder, and John Paterson the younger, may have a Copy of the said Appeal, and do put in their Answer or respective Answers thereunto, in Writing, on of before Tuesday the 11th Day of December next.

E. Belvedere against Rochfort.

Upon reading the Petition and Appeal of Robert Earl of Belvedere, in the Kingdom of Ireland, complaining of an Order of the Court of Chancery there, of the 29th Day of January last, and also of Part of a Decree of the same Date, made in a certain Cause wherein William Rochfort Esquire was Plaintiff, and the said Robert Earl of Belvedere heretofore Lord Viscount Belfield, One of the Defendants named in a Bill of Complaint exhibited by the said William Rochfort in His Majesty’s High Court of Chancery in Ireland, against the said Earl of Belvedere then Lord Viscount Belfield, and others, were Defendants; and prayings That the same may be reversed, varied, or altered, or that the Appellant may have such other Relief in, the Premises, as the Nature and Circumstances of the Case may require; and that William Rochfort Esquire may be required to answer the said Appeal:”

It is Ordered, That the said William Rochfort may have a Copy of the said Appeal, and do put in his Answer thereto, in Writing, on or before Tuesday the 1st Day of January next; and Service of this Order upon the Clerk or Agent of the said Respondent, in the said Court of Chancery in Ireland, shall be deemed good Service.

Adjourn.

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

Die Mercurii, 28o Novembris 1770.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Archiep. Cantuar.Dux Gloucester.Ds. Harwich, Unus Primariorum Secretariorum.
Epus. Bath. & Wells.Dux Cumberland.Ds. Le Despencer.
Epus. Cestrien.Comes Gower, Præses.Ds. Abergavenny.
Epus. Wigorn.Comes Halifax, C. P. S.Ds. Willoughby Par.
Epus. Litch. & Cov.Dux Richmond.Ds. Trevor.
Epus. Norvicen.Dux Grafton.Ds. Masham.
Epus. Bangor.Dux Bolton.Ds. Romney.
Epus. Carliol.Dux Devonshire.Ds. Cadogan.
Epus. Landaven.Dux Athol.Ds. Chedworth.
Dux Ancaster, Magnus Camerarius.Ds. Bruce.
Dux Portland.Ds. Archer.
Dux Manchester.Ds. Ponsonby.
Dux Bridgewater.Ds. Mansfield.
Dux Northumberland.Ds. Lyttelton.
March. Lothian.Ds. Wycombe.
March. Rockingham.Ds. Grantham.
Comes Talbot, Senescallus.Ds. Boston.
Comes Hertford, Camerarius.Ds. Pelham.
Comes Huntingdon.Ds. Milton.
Comes Pembroke.Ds. Beaulieu.
Comes Denbigh.Ds. Sundridge.
Comes Essex.
Comes Carlisle.
Comes Doncaster.
Comes Litchfield.
Comes Holdernesse.
Comes Scarbrough.
Comes Rochford.
Comes Jersey.
Comes Cholmondeley.
Comes Abercorn.
Comes Loudoun.
Comes March.
Comes Marchmont.
Comes Bristol.
Comes Sussex.
Comes Kerr.
Comes Waldegrave.
Comes Ashburnham.
Comes Harrington.
Comes Bucks.
Comes Fitzwilliam.
Comes Hardwicke.
Comes De Lawarr.
Comes Chatham.
Viscount Weymouth.
Viscount Bolingbroke.
Viscount Falmouth.
Viscount Torrington.
Viscount Wentworth.

PRAYERS.

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

Perny’s Nat. Bill.

The Lord Viscount Wentworth reported from the Lords Committees, to whom the Bill, intituled, “An Act for naturalizing Bernard Perny,” 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.”

To prohibit the Exportation of Corn, &c. Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, “An Act to continue the Prohibition of the Exportation of Corn, Grain, Meal, Flour, Bread, Biscuit, and Starch; and also of the Extraction of Low Wines and Spirits from Wheat and Wheat Flour, for a further Time; and also to prohibit the Exportation of Malt, for a limited Time.”

After some Time the House was resumed.

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

Perny’s Nat. Bill.

Hodie 3a vice lecta ese Billa, intituled, “An Act for naturalizing Bernard Perny.

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 it.

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

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

Bill to prohibit the Exportation of Corn, &c.

Moved, ” That the Bill, intituled, “An Act to continue the Prohibition of the Exportation of Corn, Grain, Meal, Flour, Bread, Biscuit, and Starch; and also of the Extraction of Low Wines and Spirits from Wheat and Wheat Flour, for a further Time; and also to prohibit the Exportation of Malt, for a limited Time,be read the Third Time.”

Which being objected to:

After short Debate;

The Question was put thereupon?

It was resolved in the Affirmative.

Then the said Bill was read the Third Time.

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 it.

A Message was sent to the House of Commons, by the former Messengers:

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

Sinclair and Sutherland against Menzies and Fraser.

Upon reading the Petition and Appeal of Archibald Sinclair Esquire, of the Parish of Saint Catharine, in the County of Middlesex, in the Island of Jamaica, and William Sutherland, Writer in Edinburgh, his Factor, complaining of Three Interlocutors of the Lord Ordinary in Scotland, of the 12th of December 1767, 8th and 28th of February 1768; and also of an Interlocutor of the Lords of Session there, of the 14th of July 1768, adhering to, and affirming the same; and praying, “That the same may be reversed, or that the Appellants may have such Relief in the Premises as to this House, in their Lordships great Wisdom, shall seem meet and that Jane Menzies and Alexander Fraser her Husband, may be required td answer the said Appeal:”

It is Ordered, That the said Jane Menzies and Alexander Fraser may have a Copy of the said Appeal, and do put in their Answer or respective Answers there unto in Writing, on or before Wednesday the 26th Day of December next; and Service of this Order upon the Procurators or Agents of the said Respondents, in the said Court of Session in Scotland, shall be deemed good Service.

Longlands to enter into Recognizance on Macdonald’s Appeal:

The House being moved, “That Thomas Longlands may be permitted to enter into a Recognizance for Colin Macdonald, on Account of his Appeal depending this House, he living in Scotland;

It is Ordered That the said Thomas Longlands may enter into a Recognizance for the said Appellant, as desired.

and on Wright’s Appeal.

The House being moved, “That Thomas Longlands may be permitted to enter into a Recognizance for Thomas Wright, on Account of his Appeal depending in this House, he living in Scotland:

It is Ordered, That the said Thomas Longlands may enter into a Recognizance for the said Appellant, as desired.

Fell to enter into Recognizance on Rolles Appeal.

The House being moved, “That Solomon Fell, of Linco’ns Inn Fields, Esquire, may be permitted to enter into a Recognizance for Edmund Rolfe Esquire, on Account of his Appeal depending in this House, he residing in the Country:“

It is Ordered, That the said Solomon Fell Esquire may enter into a Recognizance for the said Appellant, as desired.

The Order of the Day being read for the Lords to be summoned.

Motion for Captain Hunt to attend.

Moved, “That Captain Hunt, late Captain of the Tamer Sloop, be ordered to attend this House on Monday next:”

Which being objected to; and a Question stated thereupon:

After Debate;

The previous Question was put, “Whether the said Question shall be new put?”

It was resolved in the Negative.

Motion to address His Majesty to know when the first Demand for Reparation from Spain, relative to Falkland’s Island was made.

Then it was moved, “That an humble Address be presented to His Majesty, that He will be graciously pleased to order that this House be acquainted, at what Time the First Demand was made for Reparation from the Crown of Spain, for the Injuries to the Honour of the Crown and the Rights of the People received at Falkland’ Island:”

Which being objected to;

It was moved, “To adjourn:”

After Debate;

The Question was put thereupon?

It was resolved in the Affirmative;

Accordingly

Adjourn

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

Die Jovis 29o Novembris 1770.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. LondinDux Gloucester.Ds. Willoughby Par.
Epus. Cestrien.Dux Cumberland.Ds. Trevor.
Epus. Norvicen.Comes Gower, Præses.Ds. Mansfield.
Epus. Carliol.Dux Bolton.Ds. Boston.
Dux Ancaster, Magnus Camerarius.
Comes Talbot, Senescallus.
Comes Denbigh.
Comes Litchfield.
Comes Scarbrough.
Comes Marchmont.
Comes Bristol
Comes De Lawarr.
Viscount Weymouth.
Viscount Falmouth.

PRAYERS.

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

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;

The Deputy Clerk of the Crown read the Titles of the Bills to be passed, severally, as follow:

Bills passed.

”1. An Act to continue the Prohibition of the Exportation of Corn, Grain, Meal, Flour, Bread, Biscut, and Starch; and also of the Extraction of Low Wines and Spirits from Wheat and Wheat Flour, for a further Time; and also to prohibit the Exportation of Malt, for a limited Time:”

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

Le Roy le veult.

“2. An Act for naturalizing Bernard Perny:

To this Bill the Royal Assent was 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.

Ryland and Bryer against Hague.

Upon reading the Petition of Edward Hague Defendant in a Writ of Error, depending in this House, wherein William Wynne Ryland and Henry Bryer are Plaintiffs:

Walle, and Reilly against Hundley and Needham:

And also, Upon reading the Petition of John Hindley and Ellis Needham, Defendants in a Writ of Error depending in this House, wherein Henry Walle and Peter Reilly are Plaintiffs, setting forth, “That the Plaintiffs have not alligned Errors within the Time ordered by the House;” and therefore praying, “That the said Writs of Error may be Non-pros’d, with such Costs as to their Lordships shall seem meet:”

Writs of Error non pros’d with Costs.

It is Ordered, That the Petitioners do forthwith enter a Non Prof. upon the said Writs of Error, as desired; and that the Record be remitted to the Court of King’s Bench, to the End, Execution may be had upon the Judgment given by that Court, as if no such Writs of Error had been brought into this House; and further, That the Plaintiffs in Error do pay, or cause to be paid, to the Defendants in Error, the Sum of Twenty Pounds for their Costs, by reason of the Delay of the Execution of the said Judgment.

Ellis to enter into Recognizance on E. Belvedere’s Appeal.

The House being moved, “That Charles Ellis Gentleman may be permitted to enter into a Recognizance for Robert Earl of Belvedere, on Account of his Appeal depending in this House, he residing in Ireland:”

It is Ordered, That the said Charles Ellis Gentleman may enter into a Recognizance for the said Appellant, as desired.

Cusack et Ux. against Gilbert et al.

Upon reading the Petition of James Cusack and Angelina his Wife, Appellants in a Cause depending in this House, to which Robert Gilbert, and others, are Respondents, setting forth, “That the Petitioners, in the last Session presented their Appeal to their Lordships, complaining of Two Decrees of the Court of Exchequer in Ireland, and which Appeal was afterwards amended by their Lordships Order, and Elizabeth Judge Darcy, Francis Darcy, and Bridget Cusack, who were Parties in the Cause in Ireland, were added as Parties to the said Appeal, and the Petitioners obtained their Lordships Order for them to appear on the 13th Day of June last, but the Petitioners now find, that by the Mistake of the Petitioners Agent in Ireland, the said Order was not served on the said Elizabeth Judge Darcy;” and therefore praying, “Their Lordships will be pleased to issue a new Order of Summons, directed to the said Elizabeth Judge Darcy, requiring her at a certain Day, in the said Order to be limited, to put in her Answer to the Petitioners said Appeal, and that Service of the said Order on her Clerk in Court or Solicitor, may be (fn. 2) good Service:”

It is Ordered, That the said Elizabeth Judge Darcy may have a Copy of the said Appeal, and do put in her Answer thereto, in Writing, on or before Thursday the 3d Day of January next; and that Service of this Order on her Clerk in Court or Solicitor, be deemed good Service.

Adjourn.

Dominus Mansfield Capitalis Justiciarius Banci Regii declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, quartum diem Decembris jam prox. sequen. hora undecima Auroræ, Dominis sic decernentibus.

Footnotes

1 Sic.
2 Sic.