House of Lords Journal Volume 36
February 1782 1-10

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History of Parliament Trust

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Year published

1767-1830

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379-383

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'House of Lords Journal Volume 36: February 1782 1-10', Journal of the House of Lords volume 36: 1779-1783 (1767-1830), pp. 379-383. URL: http://british-history.ac.uk/report.aspx?compid=116695 Date accessed: 27 November 2014.


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February 1782 1-10

DIE Lunæ, 4o Februarii 1782.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Archiep. Cantuar.
Archiep. Ebor.
Epus. Bath. & Wells.
Epus. Landaven.
Epus. Petriburg.
Epus. Eliens.
Epus. Roffen.
Epus. Wigorn.
Epus. Bangor.
Epus. Cestrien.
Epus. Oxon.
Epus. Exon.
Epus. Lincoln.
Epus. Meneven.
Epus. Litch. & Cov.
Epus. Glocester.
Dux Gloucester.
Dux Cumberland.
Ds. Thurlow, Cancellarius.
Comes Bathurst, Præses.
Dux Richmond.
Dux Devonshire.
Dux Queensberry.
Dux Atholl.
Dux Manchester.
Dux Chandos.
Dux Dorset.
Dux Bridgewater.
Dux Northumberland.
March. Rockingham.
Comes Hertford, Camerarius.
Comes Derby.
Comes Huntingdon.
Comes Suffolk & Berkshire.
Comes Salisbury.
Comes Exeter.
Comes Denbigh.
Comes Westmorland.
Comes Peterborough & Monmouth.
Comes Stamford.
Comes Sandwich.
Comes Essex.
Comes Abingdon.
Comes Rochford.
Comes Coventry.
Comes Jersey.
Comes Cassillis.
Comes Abercorn.
Comes Galloway.
Comes Aberdeen.
Comes Oxford & Mortimer.
Comes Ferrers.
Comes Sussex.
Comes Macclesfield.
Comes Waldegrave.
Comes Ashburnham.
Comes Effingham.
Comes Harrington.
Comes Brooke & Warwick.
Comes Gower.
Comes Bucks.
Comes Fitzwilliam.
Comes Egremont.
Comes Harcourt.
Comes Spencer.
Comes Chatham.
Comes Hillsborough.
Comes Ailesbury.
Comes Mansfield.
Viscount Stormont.
Viscount Wentworth.
Viscount Dudley & Ward.
Viscount Hampdon.
Viscount Mount Edgcumbe & Valletort.
Ds. Abergavenny.
Ds. Willoughby Br.
Ds. Paget.
Ds. St. John Blet.
Ds. Say & Sele.
Ds. Osborne.
Ds. Middleton.
Ds. Cadogan.
Ds. King.
Ds. Montfort.
Ds. Chedworth.
Ds. Sandys.
Ds. Ponsonby.
Ds. Vere.
Ds. Wycombe.
Ds. Grantham.
Ds. Scarsdale.
Ds. Boston.
Ds. Pelham.
Ds. Beaulieu.
Ds. Vernon.
Ds. Camden.
Ds. Sundridge.
Ds. Hawke.
Ds. Amherst.
Ds. Brownlow.
Ds. Foley.
Ds. Loughborough.
Ds. Gage.
Ds. Brudenell.
Ds. Walsingham.
Ds. Southampton.

PRAYERS.

Lords take the Oaths.

This Day Thomas Earl of Effingham, and Richard Lord Bishop of Worcester took the Oaths and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Writs of Error delivered.

The Earl of Mansfield, Lord Chief Justice of the Court of King's Bench in the usual Manner delivered in at the Table Three Writs of Error; in the First of which

Warner against White.

Robert Warner is Plaintiff,
and
Hamilton White Esquire is Defendant.

Bristow against Squire;

In the Second,

John Bristow is Plaintiff,
and
Joseph Squire is Defendant;

Jones against Showell.

And in the last,

Walter Jones, Gentleman, is Plaintiff,
and
John Showell, Gentleman, is Defendant.

Causes put off.

Ordered, That the Hearing of the Cause, wherein William Duke of Montrose and others are Appellants, and Sir James Colquhoun Baronet is Respondent, which stands appointed for Wednesday next, be put off to Monday next; and that the Cause which stands for Monday next be put off to Friday the 15th of this Instant February; and that the Rest of the Causes be removed in course.

Ponsonby et al. against Godsell et al. and Burke against O'Callaghan; Pleadings proved.

The House being informed, "That Mr. Palmer attended in order to deliver in Copies of Pleadings and Proceedings in Two Causes depending in this House, in the First of which James Carrique Ponsonby Esquire and others are Appellants, and James Godsell Esquire and Elizabeth his Wife and another are Respondents; and in the last Burke is Appellant, and O'Callaghan is Respondent:"

He was called in, and delivered the same at the Bar, and attested upon Oath "they were true Copies, he having examined them with the Originals in the proper Offices in Ireland:"

And then he withdrew.

Lords summoned.

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

America, Motion for Address for Papers negatived.

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

Moved, "That an humble Address be presented to His Majesty, to desire that His Majesty would be pleased to give Orders that there be laid before this House,

"A Copy of the Capitulation on the Reduction of Charles Town in South Carolina by His Majesty's Arms."

Also, "Copies of all Proclamations issued in Charles Town, or in the Province of South Carolina, by His Majesty's Governor, or by any other Officer, Civil or Military, since the said Reduction."

Also, "Copies of all Orders, Instructions, or Letters from any of His Majesty's Ministers, for the re-establishing Civil Government, and for Civil Governors, Chief Justices, or other Civil Officers, to repair to any Province in North America since the First of January 1779."

Also, "Copies of all Instructions, Letters, or Orders, from any of His Majesty's Ministers to any Officers Civil or Military, in North America, touching the Execution of Justice."

Also, "Copies of all Commissions or Authorities given by His Majesty to the Commander in Chief, or to any other Officer in North America, for holding Courts Martial, and for confirming and executing their Sentences."

Also, "Copies of all Commissions or Authorities delegated by the Commander in Chief, or by any other Officer to any other Officer for holding Courts Martial, and for confirming and executing their Sentences."

Also, "Copies of all Authorities at any Time since the Reduction of Charles Town, invested in the Commander in Chief of the Army in South Carolina, or in the Commandant of Charles Town, for punishing any Offences Civil or Military."

Also, "Copies of all Cartels or Agreements entered into at any Time since the Commencement of Hostilities between the Two Armies in any Part of North America, their respective Commanders, or any Persons authorized by them, for the Release and Exchange of Prisoners."

Also, "Copies of all Accounts which have been transmitted from North America, to any of His Majesty's Ministers, or to the Judge Advocate, of Persons who have suffered Death in any of the Provinces for any Crime, Civil or Military, specifying the Manner by which they were tried."

Also, "Copies of all Proceedings, Civil or Military, had in Charles Town in South Carolina, in the Case of Colonel Isaac Hayne, and of all Messages, written or verbal, Letters, Memorandums, and Answers, which passed between the Right Honourable Lord Rawdon, Colonel Balfour, C. Frazer, Town Major, (fn. 1) Cooper, Town Adjutant, the Provost or his Deputy, and the said Colonel Isaac Hayne, as far as the same have been transmitted or made known to any of His Majesty's Ministers."

And also, "Copy of a Proclamation issued by Nathaniel Green Esquire, Major General, commanding the American Army in the Southern Department, given at Camden the 26th of August 1781."

Which being objected to,

After long Debate,

The Question was put thereupon?

It was resolved in the Negative.

Adjourn.

Dommus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, sextum diem instantis Februarii, horâ undecimâ Auroræ, Dominis sic decernentibus.

DIE Mercurii, 6o Februarii 1782.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Archiep. Ebor.
Epus. Exon.
Epus. Lincoln.
Epus. Meneven.
Epus. Glocestr.
Ds. Thurlow, Cancellarius.
Comes Bathurst, Præses.
Dux Chandos.
Comes Suffolk & Berkshire.
Comes Denbigh.
Comes Cassillis.
Comes Abercorn.
Comes Galloway.
Comes Aberdeen.
Comes Ferrers.
Comes Strafford.
Comes Effingham.
Comes Gower.
Comes Clarendon.
Comes Mansfield.
Viscount Stormont.
Viscount Dudley & Ward.
Ds. Say & Sele.
Ds. Middleton.
Ds. Chedworth.
Ds. Grantham.
Ds. Scarsdale.
Ds. Vernon.
Ds. Hawke.

PRAYERS.

Magistrates of Whithorn against Coltrane.

The Answer of Andrew Coltrane, Merchant, in Garlieston, to the Appeal of the Magistrates of Whithorn, was this Day brought in.

Wigtoun Claim of Peerage, Report from Committee:

The Lord Scarsdale reported from the Lords Committees for Privileges, to whom it was referred, to consider of the Petition of Hamilton Flemyng Esquire, to His Majesty, claiming the Titles of Earl Wigtoun, Lord Flemyng and Cumbernauld, together with His Majesty's Reference thereof to this House; "That the Committee had met and considered of the said Petition to them referred, and had heard Counsel, and examined Witnesses for the Petitioner, and also heard His Majesty's Advocate for Scotland on the Behalf of the Crown, and had come to the following Resolution; (videlicet)

"Resolved, That it is the Opinion of this Committee that the Claimant hath no Right to the Titles, Honours, and Dignities claimed by his Petition:"

Which Report being read Twice by the Clerk, was agreed to by the House.

Resolution that the lai and hath no Right to the Titles.

Resolved and adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the Claimant hath no Right to the Titles, Honours, and Dignities claimed by his Petition."

Ordered, That the said Resolution and Judgement be laid before His Majesty by the Lords with White Staves.

Presidents of St. Bartholomew and other Hospitals, Petition for a Bill.

Upon reading the Petition of the Presidents, Treasurers, and several of the Governors of the Hospitals of Saint Bartholomew, Bethlehem, Christ, Bridewell, and Saint Thomas the Apostle, of Royal Foundation, whose Names are thereunto subscribed, on Behalf of themselves and the rest of the Governors of the said Hospitals; praying Leave, "to bring in a Bill for establishing and confirming the present Governors of the respective Hospitals in the Exercise and Enjoyment of all such Acts, Powers, and Privileges, relating to the said Hospitals, and the Estates and Revenues thereof, as in the said Bill shall be expressed, and for other Purposes therein to be mentioned:"

It is Ordered, That Leave be given to bring in a Bill, according to the Prayer of the said Petition.

Newton for a Divorce Bill.

Upon reading the Petition of John Newton Esquire, praying Leave to bring in a Bill to dissolve his Marriage:

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 Parliamentum continuandum esse usque ad et in diem Jovis, septimum diem instantis Februarii, horâ undecimâ Auroræ, Dominis sic decernentibus.

DIE Jovis, 7o Februarii 1782.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Archiep. Cantuar.
Archiep. Ebor.
Epus. Landaven.
Epus. Petriburg.
Epus. Eliens.
Epus. Roffen.
Epus. Bangor.
Epus. Cestrien.
Epus. Oxon.
Epus. Exon.
Epus. Meneven.
Epus. Glocestr.
Dux Gloucester.
Dux Cumberland.
Ds. Thurlow, Cancellarius.
Comes Bathurst, Præses.
Dux Richmond.
Dux Grafton.
Dux Devonshire.
Dux Atholl.
Dux Manchester.
Dux Chandos.
Dux Dorset.
Dux Bridgewater.
Dux Northumberland.
Dux Montagu.
March. Lothian.
March. Rockingham.
Comes Derby.
Comes Huntingdon.
Comes Salisbury.
Comes Denbigh.
Comes Westmorland.
Comes Peterborough & Monmouth.
Comes Stamford.
Comes Sandwich.
Comes Essex.
Comes Abingdon.
Comes Rochford.
Comes Coventry.
Comes Jersey.
Comes Cassillis.
Comes Abercorn.
Comes Galloway.
Comes Aberdeen.
Comes Oxford & Mortimer.
Comes Ferrers.
Comes Aylesford.
Comes Sussex.
Comes Waldegrave.
Comes Ashburnham.
Comes Effingham.
Comes Harrington.
Comes Brooke & Warwick.
Comes Gower.
Comes Bucks.
Comes Fitzwilliam.
Comes Powis.
Comes Temple.
Comes Spencer.
Comes Chatham.
Comes Hillsborough.
Comes Ailesbury.
Comes Clarendon.
Comes Mansfield.
Viscount Stormont.
Viscount Wentworth.
Viscount Dudley & Ward.
Viscount Hampden.
Viscount Mount Edgcumbe & Valletort.
Ds. Percy.
Ds. Wilioughby Br.
Ds. Paget.
Ds. Say & Sele.
Ds. Osborne.
Ds. Middleton.
Ds. King.
Ds. Montfort.
Ds. Chedworth.
Ds. Sandys.
Ds. Ponsonby.
Ds. Vere.
Ds. Wycombe.
Ds. Grantham.
Ds. Scarsdale.
Ds. Boston.
Ds. Pelham.
Ds. Beaulieu.
Ds. Camden.
Ds. Digby.
Ds. Sundridge.
Ds. Hawke.
Ds. Amherst.
Ds. Brownlow.
Ds. Foley.
Ds. Loughborough.
Ds. Gage.
Ds. Brudenell.
Ds. Walsingham.
Ds. Southampton.
Ds. Porchester.

PRAYERS.

Newton's Divorce Bill.

The Lord Scarsdale presented to the House (pursuant to an Order of Leave Yesterday) a Bill, intituled, "An Act to dissolve the Marriage of John Newton Esquire, with Catherine Seymour his now Wife, and to enable him to marry again, and for other Purposes therein mentioned:"

The said Bill was read the First Time.

Ordered, That the said Bill be read a Second Time on Friday the 22d of this Instant February, and that Notice thereof be affixed on the Doors of this House, and the Lords summoned; and that the said John Newton may be heard by his Counsel at the said Second Reading, to make out the Truth of the Allegations of the Bill; and that the said Catherine Seymour may have a Copy of the Bill, and that Notice be given her of the said Second Reading, and that she be at Liberty to be heard by her Counsel what she may have to offer against the said Bill at the same Time.

Cholwich et Ux. Petition referred to Judges.

Upon reading the Petition of John Burridge Cholwich of Farringdon House, in the County of Devon, Esquire, and Frances his Wife; praying Leave to bring in a Bill for the Purposes in the said Petition mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby referred to Mr. Baron Perryn and Mr. Baron Hotham, 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.

Gordon against Clark:

Upon reading the Petition of Alexander Gordon Esquire, Appellant in a Cause depending in this House, to which John Clark is Respondent, which stands appointed for hearing; setting forth, "That the Matters in Dispute between the Petitioner and the Respondent being submitted to Arbitration, the Petitioner is desirous to withdraw his said Appeal;" and therefore praying their Lordships, "That he may be at Liberty to withdraw his said Appeal, the Agent for the said Respondent having signed the said Petition as consenting thereto:"

Appeal withdrawn.

It is Ordered, That the Petitioner be at Liberty to withdraw his said Appeal, as desired.

Gordon against Moodie:

Upon reading the Petition of Alexander Gordon Esquire, Appellant in a Cause depending in this House, to which Benjamin Moodie is Respondent, which stands appointed for hearing; setting forth, "That the Matters in Dispute between the Petitioner and the Respondent being submitted to Arbitration, the Petitioner is desirous to withdraw his said Appeal;" and therefore praying their Lordships, "That he may be at Liberty to withdraw his said Appeal, the Agent for the said Respondent having signed the said Petition, as consenting thereto:"

Appeal withdrawn.

It is Ordered, That the Petitioner be at Liberty to withdraw his said Appeal, as desired.

Chaloner et al. against Travis.

The House being moved, "That a Day may be appointed for hearing the Cause wherein Thomas Chaloner and others are Appellants, and George Travis Clerk 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.

Full et al. against Hutchings.

The House being moved, "That a Day may be appointed for hearing the Cause wherein Langdon John Full and others are Appellants, and John Hutchings Clerk 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.

Newton's Divorce Bill.

Ordered, That John Rock, of the City of Wells, in the County of Somerset, Surgeon and (fn. 2) Midwife, Hannah Rock his Wife, Ann Fish of the same, Spinster, Hannah Foxwell of the same, Spinster, Sarah Lochier of the same, Spinster, Mary Kerle of Catgut, in the same County, Wife of John Kerle, the Honourable Frances Seymour of Wells aforesaid, Spinster, Elizabeth Doughty of the same, Spinster, James Sayer of West Horrington, in the County of Somerset, Hatter, Elizabeth Sayer his Wife, the Reverend John Wickham of Horsington, in the same County, Clerk, Grace Gapper now or late of Henstridge, in the same County, Spinster, the Reverend Thomas Wickham of Wells aforesaid, Clerk, William Beale of Cannons Grave, in the County of Somerset, Clerk, James Ford late of Kings Bromley, in the County of Stafford, Postillion, Andrew Dew of Stowey, in the County of Somerset, Ann Dew his Wife, Hannah Marshall Wife of George Marshall of the Parish of St. George, Bloomsbury, in the County of Middlesex, Poulterer, Ann Atwood, Wife of Jacob Atwood of Wich Street, in the County of Middlesex, Shoemaker, the Reverend John Golden of Wells aforesaid, Clerk, Elizabeth Bowen, Wife of John Bowen of Wells aforesaid, Clerk, John Nurse of the City of Bath, Postillion, William Mathew of the City of Bristol, Postillion, John Worloch of the same, Postillion, William Thomas of Cross, in the County of Somerset, Postillion, William Stallard of the same, Postillion, and William Smith of Bridgewater, in the County of Somerset, Hostler, do attend this House on Friday the 22d Day of this Instant February, in order to their being examined as Witnesses upon the Second Reading of the Bill, intituled, "An Act to dissolve the Marriage of John Newton Esquire, with Catherine Seymour his now Wife, and to enable him to marry again, and for other Purposes therein mentioned."

Cooper et al. against Low et al.

The House being informed, "That Provost James Low, and others, Respondents to the Appeal of James Cooper, and others, 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 Hamilton Bell, 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.

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

America, Committee relative to Loss of the Army under E. Cornwallis:

It was Moved, "That this House will, on Tuesday the 19th Instant, resolve itself into a Committee of the whole House, to enquire into the Causes of the great Loss which the Nation has sustained by the Surrender of the whole Army under the Command of Lieutenant General Earl Cornwallis, at York Town and Gloucester, in the Province of Virginia, as Prisoners of War."

The Question was put thereupon?

It was resolved in the Affirmative?

Resolved Nemine Dissentiente, That this House will, on Tuesday the 19th Instant, resolve itself into a Committee of the whole House, to enquire into the Causes of the great Loss which the Nation has sustained by the Surrender of the whole Army under the Command of Lieutenant General Earl Cornwallis at York Town and Gloucester, in the Province of Virginia, as Prisoners of War.

Lords summoned.

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

Lord George Sackville, Motion relative to Court Martial on, negatived.

Moved, "That it is highly derogatory to the Honour of this House, that any Person labouring under the heavy Censure comprehended in the following Sentence of a Court Martial, and public Orders given out in Consequence thereof, (videlicet), —"This Court upon due Consideration of the whole Matter before them, is of Opinion, that Lord George Sackville is guilty of having disobeyed the Orders of Prince Ferdinand of Brunswick, whom he was by his Commission and Instructions directed to obey as Commander in Chief, according to the Rules of War; and it is the farther Opinion of the Court, that the said Lord George Sackville is, and he is hereby adjudged unfit to serve His Majesty in any Military Capacity whatever; which Sentence His Majesty has been pleased to confirm: It is His Majesty's Pleasure that the above Sentence be given out in public Orders, that Officers being convinced that neither high Birth nor great Employments can shelter Offences of such a Nature; and that seeing they are subject to Censures, much worse than Death to a Man who has any Sense of Honour, they may avoid the fatal Consequences arising from Disobedience of Orders;"—should be recommended to the Crown as a proper Person to be raised to the Dignity of a Peerage."

Which being objected to;

It was moved, "to adjourn."

After long Debate,

The Question was put thereupon?

It was resolved in the Affirmative.

DISSENTIENT.

Brotest thereupon.

For the Reasons contained in the proposed Resolution which preceded the Motion to adjourn.

"Effingham."

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, octavum diem instantis Februarii, horâ decimâ Auroræ, Dominis sic decernentibus.

DIE Veneris, 8o Februarii 1782.

Domini tam Spirituales quam Temporales presentes fuerunt:

Archiep. Cantuar.
Archiep. Ebor.
Epus. Bangor.
Epus. Cestrien.
Epus. Oxon.
Epus. Exon.
Epus. Lincoln.
Epus. Meneven.
Epus. Glocestr.
Ds. Thurlow, Cancellarius.
Comes Bathurst, Præses.
Comes Gower.
Comes Hillsborough.
Viscount Stormont.
Ds. Amherst.
Ds. Gage.

PRAYERS.

Fast Day observed.

Then, in order to proceed to the Abbey Church Westminster to solemnize this Day, being appointed by His Majesty's Royal Proclamation to be observed as a General Fast,

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, undecimum diem instantis Februarii, horâ undecimâ Auroræ, Dominis sic decernentibus.

Footnotes

1 Sic.
2 Sic.