House of Lords Journal Volume 37
February 1784 1-10

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History of Parliament Trust

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1767-1830

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35-42

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'House of Lords Journal Volume 37: February 1784 1-10', Journal of the House of Lords volume 37: 1783-1787 (1767-1830), pp. 35-42. URL: http://british-history.ac.uk/report.aspx?compid=116743 Date accessed: 30 September 2014.


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February 1784 1-10

DIE Lunæ, 2o Februarii 1784.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Archiep. Cantuar.
Archiep. Ebor.
Epus. Roffen.
Epus. Exon.
Epus. Bangor.
Epus. Litch. & Cov.
Epus. Norvicen.
Epus. Bristol.
Ds. Thurlow, Cancellarius.
Comes Gower, Præses.
Dux Gordon.
Dux Atholl.
Dux Ancaster & Kesteven.
Dux Bridgewater.
Comes Salisbury, Camerarius.
Comes Denbigh.
Comes Westmorland.
Comes Sandwich.
Comes Cassillis.
Comes Abercorn.
Comes Galloway.
Comes Lauderdale.
Comes Aberdeen.
Comes Dunmore.
Comes Oxford & Mortimer.
Comes Aylesford.
Comes Temple.
Comes Bathurst.
Viscount Weymouth.
Viscount Hampden.
Viscount Sackville.
Ds. De Ferrars.
Ds. Paget.
Ds. Chedworth.
Ds. Scarsdale.
Ds. Boston.
Ds. Beaulieu.
Ds. Amherst.
Ds. Walsingham.
Ds. Sydney.
Ds. Camelford.
Ds. Eliot.
Ds. Carteret.

PRAYERS.

King's Answer to Address.

The Lord Chamberlain reported, "That the Lords with white Staves had (according to Order) waited on His Majesty, with their Lordships' Address of Monday last; and that His Majesty was pleased to receive the same very graciously."

Lord Carteret introduced:

Henry Frederick Carteret Esquire, being by Letters Patent bearing Date the 29th Day of January, in the 24th Year of His present Majesty, created Baron Carteret of Hawnes, in the County of Bedford, was (in his Robes) introduced between the Lord de Ferrars and the Lord Walsingham, (also in their Robes,) the Gentleman Usher of the Black Rod, and Clarencieux King at Arms preceding. His Lordship on his Knee presented his Patent to the Lord Chancellor at the Woolsack, who delivered it to the Clerk, and the same was read at the Table: His Writ of Summons was also read as follows; (videlicet)

George the Third, by the Grace of God of Great Britain, France, and Ireland, King, Defender of the Faith, and so forth: To Our Right Trusty and Wellbeloved Counsellor Henry Frederick Carteret of Hawnes in Our County of Bedford, Chevalier, greeting. Whereas Our Parliament, for arduous and urgent Affairs, concerning Us, the State and Defence of Our Kingdom of Great Britain, and the Church, is now met at Our City of Westminster; We, strictly enjoining, command you, under the Faith and Allegiance by which you are bound to Us, that considering the Difficulty of the said Affairs, and Dangers impending, all Excuses being laid aside, you be personally present at Our aforesaid Parliament, with Us, and with the Prelates, Nobles and Peers of Our said Kingdom, to treat of the aforesaid Affairs, and to give your Advice: And this you may in no wise omit, as you tender Us and Our Honour, and the Safety and Defence of the said Kingdom and Church, and the Dispatch of the said Affairs.

Witness Ourself at Westminster, the Twenty-ninth Day of January, in the Twenty-fourth Year of Our Reign.

"Yorke."

Then His Lordship took the Oaths, and made and subscribed the Declaration; and also took and sub scribed the Oath of Abjuration, pursuant to the Statutes; and was afterwards placed on the lower End of the Barons' Bench.

Pedigree delivered.

Clarencieux King at Arms delivered in at the Table his Lordship's Pedigree, pursuant to the standing Order.

Thanks to Bishop Landaff for his Sermon.

Ordered, That the Thanks of this House be and are hereby given to the Lord Bishop of Landaff, for the Sermon by him preached before this House on Friday last, in the Abbey Church Westminster; and that he be desired to cause the same to be forthwith printed and published.

Nisbet's Divorce Bill.

Ordered, That Richard Hicks Esquire, William Picket Esquire, Charlton Palmer, John Hughes, William Edington Esquire, the Reverend John Wareing, Clerk, Robert Drake, and Hawkins Wall, do attend this House on Wednesday next, in order to their being examined as Witnesses upon the second reading of the Bill, intituled, "An Act to dissolve the Marriage of Walter Nisbet Esquire, with Anne Blomberg his now Wife, and to enable him to marry again, and for other Purposes therein mentioned."

Stewart against Stewart.

The House being moved, "That a Day may be appointed for hearing the Cause wherein Robert Stewart Esquire is Appellant, and Anne Stewart 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.

Fraser et al. against Walsh et al.

The House being moved, "That Monday the 16th Day of this instant February, may be appointed for hearing the Cause wherein Simon Fraser Esquire, and others, are Appellants, and John Walsh Esquire, and others, are Respondents:"

It is Ordered, That this House will hear the said Cause by Counsel at the Bar, on Monday the 16th Day of this Instant February, as desired.

Lord Eliot introduced:

Edward Eliot Esquire, being by Letters Patent bearing Date the 13th Day of January, in the 24th Year of His present Majesty, created Baron Eliot of Saint Germain's in the County of Cornwall, was (in his Robes) introduced between the Lord Sydney and the Lord Camelford, (also in their Robes) the Gentleman Usher of the Black Rod, and Clarencieux King at Arms preceding. His Lordship on his Knee presented his Patent to the Lord Chancellor at the Woolsack, who delivered it to the Clerk; and the same was read at the Table: His Writ of Summons was also read as follows; (videlicet)

George the Third, by the Grace of God of Great Britain, France, and Ireland, King, Defender of the Faith, and so forth: To Our Right Trusty and Wellbeloved Edward Eliot of Saint Germain's in Our County of Cornwall, Chevalier, greeting. Whereas Our Parliament, for arduous and urgent Affairs, concerning Us, the State and Defence of Our Kingdom of Great Britain, and the Church, is now met at Our City of Westminster; We, strictly enjoining, command you, under the Faith and Allegiance by which you are bound to Us, that considering the Difficulty of the said Affairs, and Dangers impending, all Excuses being laid aside, you be personally present at Our aforesaid Parliament, with Us, and with the Prelates, Nobles, and Peers of Our said Kingdom, to treat of the aforesaid Affairs, and to give your Advice: And this you may in no wise omit, as you tender Us and Our Honour, and the Safety and Defence of the said Kingdom and Church, and the Dispatch of the said Affairs.

Witness Ourself at Westminster, the Thirtieth Day of January, in the Twenty-fourth Year of Our Reign.

"Yorke."

Then his Lordship took the Oaths, and made and subscribed the Declaration; and also took and subscribed the Oath of Abjuration pursuant to the Statutes; and was afterwards placed on the lower End of the Barons' Bench.

Pedigree delivered.

Clarencieux King at Arms delivered in at the Table his Lordship's Pedigree, pursuant to the standing Order.

Adjourn.

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

DIE Martis, 3o Februarii 1784.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Archiep. Ebor.
Epus. Sarum.
Epus. Eliens.
Epus. Roffen.
Epus. Exon.
Epus. Lincoln.
Epus. Bangor.
Epus. Bristol.
Ds. Thurlow, Cancellarius.
Comes Gower, Præses.
Dux Chandos, Senescallus.
Dux Richmond.
Dux Bridgewater.
Comes Salisbury, Camerarius.
Comes Denbigh.
Comes Carlisle.
Comes Doncaster.
Comes Cholmondeley.
Comes Abercorn.
Comes Galloway.
Comes Aberdeen.
Comes Ferrers.
Comes Effingham.
Comes Temple.
Comes Radnor.
Comes Clarendon.
Viscount Stormont.
Viscount Wentworth.
Viscount Sackville.
Ds. Chedworth.
Ds. Hawke.
Ds. Amherst.
Ds. Sydney.

PRAYERS.

Worsleys against March, of Tweeddale and Hay.

The Answer of the most Honourable Frances Marchioness Dowager of Tweeddale and Frances Hay Spinster, an Infant, to the Appeal of James Worsley and Robert Worsley Esquires, was this Day brought in.

D. Bolton and others Petition referred to Judges.

Upon reading the Petition of the Most Noble Harry Duke of Bolton, Thomas Orde of the Parish of Saint James Westminster, in the County of Middlesex Esquire, and Jean Mary his Wife, as well on Behalf of themselves, as for and on the Behalf of William Powlett Orde, their infant Son, of the Age of Fifteen Months or thereabouts, Peter Delme of Grosvenor Square in the County of Middlesex Esquire, and Joshua Smith and Drummond Smith, both of the Parish of Saint Margaret Westminster, Esquires, 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. Justice Nares and Mr. Justice Buller, 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.

Ruffell against Douglas and Co:

Upon reading the Petition and Appeal of David Russell Accountant in Edinburgh, Trustee for the Creditors of William Hay of Newhall Esquire, deceased; complaining of an Interlocutor of the Lords of Session in Scotland, of the 15th of January 1784; and praying, "That the same may be reversed, varied, or amended, or that the Appellant may have such other relief in the Premises as to this House in their Lordships great Wisdom shall seem meet; and that Messieurs Douglas, Heron, and Company, late Bankers in Ayr, and George Home their Manager, may be required to answer the said Appeal:"

It is Ordered, That the said Messieurs Douglas, Heron, and Company, late Bankers in Ayr, and George Home their Manager, 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 2d Day of March next; and Service of this Order upon the said Respondents, or upon their known Counsel or Agent in the Court of Session in Scotland, shall be deemed good Service.

Chalmer to enter into Recognizance on said Appeal.

The House being moved, "That James Chalmer of Buckingham Street Gentleman, may be permitted to enter into a Recognizance for David Russell, on account of his Appeal depending in this House, he living in Scotland."

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

Foleys against Grant et al.

The House being moved, "That a day may be appointed for hearing the Cause, wherein the Honourable Andrew Foley and Thomas Foley are Appellants, and John Grant 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.

Christie's Petition for a Divorce Bill.

Upon reading the Petition of James Christie Esquire, Captain in His Majesty's late 88th Regiment of Foot, praying "Leave to bring in a Bill to dissolve his Marriage with Elizabeth Leslie Christie his now Wife, and to enable him to marry again; and for other Purposes therein mentioned:"

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

Lords summoned.

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

Nisbet's Divorce Bill.

Ordered, That the Second reading of the Bill, intituled, "An Act to dissolve the Marriage of Walter Nisbet Esquire, with Anne Blomberg his now Wife, and to enable him to marry again, and for other Purposes therein mentioned," which stands appointed for To-morrow, be put off to Thursday next, and the Lords summoned; and that the several Witnesses who were ordered to attend on that Day, do then attend.

Adjourn.

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

DIE Mercurii, 4o Februarii 1784.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

Archiep. Cantuar.
Archiep. Ebor.
Epus. Cicestrien.
Epus. Sarum.
Epus. Petriburg.
Epus. Roffen.
Epus. Wigorn.
Epus. Cestrien.
Epus. Oxon.
Epus. Exon.
Epus. Lincoln.
Epus. Bangor.
Epus. Litch. & Cov.
Epus. Norvicen.
Epus. Bristol.
Ds. Thurlow, Cancellarius.
Comes Gower, Præses.
Dux Rutland, C. P. S.
Dux Chandos, Senescallus.
Dux Richmond.
Dux Grafton.
Dux Gordon.
Dux. Queensberry.
Dux Atholl.
Dux Ancaster & Kesteven.
Dux Portland.
Dux Manchester.
Dux Bridgewater.
Dux Montagu.
Comes Salisbury, Camerarius.
Comes Derby.
Comes Huntingdon.
Comes Suffolk & Berkshire.
Comes Denbigh.
Comes Westmorland.
Comes Stamford.
Comes Winchelsea, & Nottingham.
Comes Chesterfield.
Comes Sandwich.
Comes Essex.
Comes Carlisle.
Comes Doncaster.
Comes Berkeley.
Comes Scarborough.
Comes Rochford.
Comes Coventry.
Comes Jersey.
Comes Cholmondeley.
Comes Glencairn.
Comes Cassillis.
Comes Abercorn.
Comes Galloway.
Comes Lauderdale.
Comes Aberdeen.
Comes Dunmore.
Comes Marchmont.
Comes Oxford & Mortimer.
Comes Ferrers.
Comes Dartmouth.
Comes Tankerville.
Comes Aylesford.
Comes Effingham.
Comes Bucks.
Comes Fitzwilliam.
Comes Powis.
Comes Egremont.
Comes Temple.
Comes Harcourt.
Comes Hertford.
Comes Cornwallis.
Comes Fauconberg.
Comes De la Warr.
Comes Radnor.
Comes Chatham.
Comes Bathurst.
Comes Ailesbury.
Comes Clarendon.
Comes Mansfield.
Viscount Hereford.
Viscount Townshend.
Viscount Weymouth.
Viscount Stormont.
Viscount Falmouth.
Viscount Wentworth.
Viscount Hampden.
Viscount Mount Edgcumbe & Valletort.
Viscount Sackville.
Viscount Howe.
Viscount Keppel.
Ds. Abergavenny.
Ds. Audley.
Ds. De Ferrars.
Ds. Paget.
Ds. Say & Sele.
Ds. Craven.
Ds. Osborne.
Ds. Boyle.
Ds. Onslow & Cranley.
Ds. Cadogan.
Ds. King.
Ds. Chedworth.
Ds. Sandys.
Ds. Ponsonby.
Ds. Sondes.
Ds. Grantham.
Ds. Grosvenor.
Ds. Scarsdale.
Ds. Boston.
Ds. Milton.
Ds. Beaulieu.
Ds. Vernon.
Ds. Ducie.
Ds. Camden.
Ds. Sundridge.
Ds. Cardiff.
Ds. Amherst.
Ds. Brownlow.
Ds. Rivers.
Ds. Foley.
Ds. Loughborough.
Ds. Gage.
Ds. Brudenell.
Ds. Walsingham.
Ds. Grantley.
Ds. Rawdon.
Ds. Sydney.
Ds. Camelford.
Ds. Eliot.
Ds. Cartaret.

PRAYERS.

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

It was moved, "That the Act of the 21st of George the Third, Chapter 65, might be read:"

The same was accordingly read by the Clerk:

Resolutions in Votes of H. C. and Journals read.

Moved, "That a Resolution in the Votes of the House of Commons of the 24th of December 1783, might be read:"

The same was accordingly read by the Clerk:

Moved, "That a Resolution in the Lords Journals of the 27th of February 1704, might be read:"

The same was accordingly read by the Clerk:

Moved, "That four Resolutions in the Votes of the House of Commons of the 12th of January 1784, might be read:"

The same were accordingly read by the Clerk:

Moved, "That a Resolution in the Votes of the House of Commons of the 16th of January 1784, might be read:"

The same was accordingly read by the Clerk:

Resolution that an attempt in one Branch of the Legislature separately to suspend the Law is unconstitutional.

Then it was moved to resolve, "That an Attempt in any one Branch of the Legislature, to suspend the Execution of Law by separately assuming to itself the Direction of a discretionary Power, which by Act of Parliament is vested in any Body of Men, to be exercised as they shall judge expedient is, unconstitutional."

Which being objected to;

After long Debate,

The Question was put thereupon?

It was resolved in the Affirmative.

Resolved by the Lords Spiritual and Temporal in Parliament assembled, "That an Attempt in any one Branch of the Legislature, to suspend the Execution of Law by separately assuming to itself the Direction of a discretionary Power, which by Act of Parliament is vested in any Body of Men, to be exercised as they shall judge expedient, is unconstitutional."

Resolution that the Appointment to the Offices of executive Government issolely vested in His Majesty;

Moved to resolve, "That according to the known Principles of this excellent Constitution, the undoubted Authority of appointing to the great Offices of the executive Government is solely vested in His Majesty, and that this House has every reason to place the firmest reliance on His Majesty's Wisdom in the Exercise of this Prerogative:"

The Question was put thereupon?

It was resolved in the Affirmative.

Resolved, by the Lords Spiritual and Temporal in Parliament assembled, "That according to the known Principles of this excellent Constitution, the undoubted Authority of appointing to the great Offices of executive Government is solely vested in His Majesty, and that this House has every reason to place the firmest Reliance on His Majesty's Wisdom, in the Exercise of this Prerogative."

Motion for Address thereon:

Moved, "That an humble Address be presented to His Majesty, to acknowledge with great Satisfaction the Wisdom of our happy Constitution, which places in His Majesty's hand the undoubted Authority of appointing to all the great Offices of executive Government. We have the firmest Reliance on His Majesty's known Wisdom and paternal Goodness, that he will always be anxious to call into and continue in his Service, Men the most deserving of the Confidence of His Parliament, and the Public in general.

"In this Confidence, we beg Leave to approach His Majesty with our most earnest Assurances, that we will on all Occasions support His Majesty in the just Exercise of those Prerogatives, which the Wisdom of the Law has entrusted to His Majesty, for the Preservation of our Lives and Properties, and upon the due and uninterrupted Exercise of which must depend the Blessings which His People derive from the best of all Forms of Government."

The Question was put thereupon?

It was resolved in the Affirmative.

Then the Lords following were appointed a Committee to prepare an Address purfuant thereto; (videlicet)

Ld. President.
Ld. Privy Seal.
Ld. Steward.
D. Richmond.
D. Gordon.
D. Queensberry.
D. Ancaster & Kesteven.
D. Bridgewater.
L. Chamberlain.
E. Denbigh.
E. Coventry.
E. Marchmont.
E. Ferrers.
E. Effingham.
E. Radnor.
E. Chatham.
V. Weymouth.
V. Falmouth.
V. Wentworth.
V. Mount Edgcumbe & Valletort.
V. Howe.
L. Abp. Canterbury.
L. Abp. York.
L. Bp. Rochester.
L. Bp. Worcester.
L. Bp. Lincoln.
L. Bp. Bangor.
L. Osborne.
L. Grantham.
L. Grosvenor.
L. Milton.
L. Beaulieu.
L. Camden.
L. Brudenell.
L. Walsingham.
L. Sydney.

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:

Address reported and agreed to.

And the Earl of Effingham reported from the Committe an Address drawn by them as follows; (videlicet)

Most Gracious Sovereign,

We Your Majesty's most dutiful and loyal Subjects, the Lords Spiritual and Temporal in Parliament assembled, acknowledge with great Satisfaction the Wisdom of our happy Constitution, which places in Your Majesty's hand the undoubted Authority of appointing to all the great Offices of executive Government. We have the firmest Reliance on Your Majesty's known Wisdom and paternal Goodness, that You will always be anxious to call into and continue in Your Service, Men the most deserving of the Confidence of Your Parliament and the Public in general.

"In this Confidence we beg Leave to approach Your Majesty with our most earnest Assurances, that we will on all occasions support Your Majesty in the just Exercise of those Prerogatives, which the Wisdom of the Law has entrusted to Your Majesty, for the Preservation of our Lives and Properties, and upon the due and uninterrupted Exercise of which must depend the Blessings which Your People derive from the best of all Forms of Goverment."

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.

Nisbet's Divorce Bill:

Ordered, That the Second reading of the Bill, intituled, "An Act to dissolve the Marriage of Walter Nisbet Esquire with Anne Blomberg his now Wife, and to enable him to marry again, and for other Purposes therein mentioned;" which stands appointed for To-morrow, be put off to Friday next, and the Lords summoned; and that the several Witnesses who were ordered to attend on that Day do then attend.

Adjourn.

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

DIE Jovis, 5o Februarii 1784.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Archiep. Cantuar.
Archiep. Ebor.
Epus. Sarum.
Epus. Roffen.
Epus. Wigorn.
Epus. Bangor.
Epus. Bristol.
Ds. Thurlow, Cancellarius.
Comes Gower, Præses.
Dux Chandos, Senescallus.
Dux Richmond.
Dux Gordon.
Dux Atholl.
Comes Abercorn.
Comes Galloway.
Comes Ferrers.
Comes Effingham.
Comes Fitzwilliam.
Comes Temple.
Comes Harcourt.
Comes Chatham.
Viscount Mount Edgcumbe & Valletort.
Ds. Osborne.
Ds. Boston.
Ds. Cardiff.
Ds. Rawdon.
Ds. Sydney.
Ds. Camelford.

PRAYERS.

His Majesty to be attended with Address.

The Lord Steward 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 half an hour past three o'Clock, at His Palace of St. James's."

Adjourn.

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

DIE Veneris, 6o Februarii 1784.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Wigorn.
Epus. Cestrien.
Epus. Lincoln.
Epus. Bangor.
Epus. Bristol.
Ds. Thurlow, Cancellarius.
Comes Gower, Præses.
Dux Richmond.
Dux Beaufort.
Comes Westmorland.
Comes Carlisle.
Comes Berkeley.
Comes Cassillis.
Comes Galloway.
Comes Lauderdale.
Comes Aberdeen.
Comes Strafford.
Comes Gower.
Comes De la Warr.
Comes Bathurst.
Comes Clarendon.
Viscount Mount Edgcumbe & Valletort.
Viscount Sackville.
Viscount Howe.
Ds. Abergavenny.
Ds. Say & Sele.
Ds. Chedworth.
Ds. Scarsdale.
Ds. Amherst.
Ds. Brownlow.
Ds. Rivers.
Ds. Sydney.

PRAYERS.

King's Answer to Address.

The Lord Chancellor reported, "That the House did Yesterday present their Address to His Majesty, to which His Majesty was pleased to return the following most Gracious Answer:"

My Lords;

I thank you for this dutiful and loyal Address, and I desire You will rest assured that I have no Object in the Choice of Ministers, but to call into My Service Men the most deserving of the Confidence of My Parliament and of the Public in general.

"I cannot too often repeat My Assurances, that My constant Study in the Exercise of every Prerogative, entrusted to Me by the Constitution, is to employ it for the Welfare of My People."

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

Nisbet's Divorce Bill.

The Order of the Day being read for the Second reading of the Bill, intituled, "An Act to dissolve the Marriage of Walter Nisbet Esquire with Anne Blomberg his now Wife, and to enable him, to marry again, and for other Purposes therein mentioned;" and for hearing Counsel for and against the same; and for the Lords to be summoned;

Counsel were accordingly called in;

And Mr. Bearcrost and Mr. Thomson appearing as Counsel for the Bill, and Mr. Hardyng and Mr. Pigot appearing as Counsel for Mrs. Nisbet;

The said Bill was accordingly read a second Time; and Mr. Bearcrost was heard in support of the Bill, and to make out the Allegations thereof, and in order to prove the Marriage, called William Graham, who being sworn produced an Extract from the Register of Marriages, in the Parish of Saint James's, Westminster, and declaring, "the same was a true Copy, he having examined it with the original Register Book of the said Parish;" the same was read, whereby it appeared that Walter Nisbet was married to the said Anne Blomberg Widow, by Licence from the Archbishop of Canterbury, on the 6th Day of October 1775.

He was directed to withdraw.

Then the Reverend John Waring Clerk was called in, who being sworn acquainted the House, "That he married the said Mr. Nisbet and Anne Blomberg Widow, on the 6th of October 1775." Being asked, If he had seen Mr. Nisbet before the Marriage," said, Yes."

He was directed to withdraw.

Then Robert Drake was called in, and being sworn produced the Settlement made on the Marriage of Mr. and Mrs. Nisbet, dated 6th September 1775, and acquainted the House, "That he was present at the Execution thereof, and was a subscribing Witness."

And Mr. Hardinge, Counsel for Mrs. Nisbet, desiring "That the same might be read in order to shew that it was partially stated in the Bill;" the same was read at the Bar.

He was directed to withdraw.

Then Robert Thomson was called in and being sworn, produced an Office Copy of the Record in the King's Bench Treasury, of the Judgement given by that Court in Easter Term 1783, against Captain Thomas Totty of His Majesty's Navy, for criminal Conversation with the said Mrs Nisbet; the same was read.

He was directed to withdraw.

Then Mark Holman Deputy Registrar of the Consistory Court of the Bishop of London, was called in, and being sworn produced the original definitive Sentence of Divorce against the said Mrs. Nisbet, for Adultery with the said Captain Totty, and read the same at the Bar.

He was directed to withdraw.

Then William Borton was called in, and being sworn, acquainted the House, "That he was Steward for the Yorkshire Estate mentioned in the Marriage Settlement, that the nett Income of the said Estate is now 1,097l. 16s. 8d. but that there was a Mortgage upon it of 5000l. the Interest of which was at first 4½ per Cent, but he don't know what Interest is now paid as he never paid the Interest of the Mortgage; that the said Mortgage was granted by Mr. Blomberg, Mrs. Nisbet's first Husband;" being asked "If he knew any thing of an Annuity charged upon the said Estate," said, "He had heard there was one but did not know the Extent of it, and that it was charged upon the said Estate by Mr. and Mrs. Nisbet."

He was directed to withdraw.

Then Hugh Stevenson was called in, and being sworn acquainted the House, "That he has lived with Mr. Nisbet as Butler upwards of Eight Years; that he knows Captain Totty, who often visited his Master; that he was introduced to his Master, in 1780, by a Colonel Butler; that about Two Months after, Captain Totty began visiting his Master; that he, the Witness, began to entertain Suspicions of improper Familiarities between the Captain and Mrs. Nisbet; that he observed they were frequently alone together when the Family was in bed, and used to remain so frequently till Three o'Clock in the Morning; that sometimes Mrs. Nisbet slept apart from her Husband; that one Night, suspecting the Captain and Mrs. Nisbet were together, he went, about Twelve o'Clock at Night, to the Dining-Room Door, which he found locked; that he returned some time after, and listening, heard a Noise in the Room, which seemed as if one of them had fallen from the Sopha; that he afterwards saw them together at Twelve o'Clock at Night, the Captain having his Arm round Mrs. Nisbet's Neck; that he saw no more Familiarities till the Family went to Stone near Margate, in June; Captain Totty came there, and staid about Ten days; Mr. Nisbet being indisposed, went there for his Health; that he there frequently saw Captain Totty go into Mrs. Nisbet's Bed-Room about Twelve o'Clock at Night, and Mrs. Nisbet go to the Captain's BedRoom, both only in their Night-Gowns; that Captain Totty then went to London, and returned in December, and staid a Month at Mr. Nisbet's; that in 1781, Mr. Nisbet went to the West Indies, and continued there Eighteen Months, when he returned; that his Master and Mistress went to Lord Gage's, near Lewes, on a Visit, and that Captain Totty came some time after to Lord Gage's; that before his coming, Mr. and Mrs. Nisbet lay together, but when he came, she pretended Indisposition, and lay by herself; that in April 1783, Captain Totty came to Mr. Nisbet's; that he saw nothing pass between him and Mrs. Nisbet till May, when he saw him go into Mrs. Nisbet's Bed-Chamber; that he then went and acquainted Major West (who was on a Visit at his Master's) with what he had seen; that Major West went with the Witness to Captain Totty's Room, but he was not in his Room; that on the 6th of May Major West acquainted Mr. Nisbet with what the Witness had told him; that the Witness also told Mr. Nisbet all that he had seen; that he was directed to watch again that Night, which he did, and upon his seeing Captain Totty going into Mrs. Nisbet's Room, he went and acquainted Major West and his Master with it; that they then all went into Mrs. Nisbet's Room, and found Captain Totty and Mrs. Nisbet in Bed together." Being asked, "If he thought Mr. Nisbet entertained any suspicion of his Wife's Insidelity previous to the 6th of May?" said, "He verily believed not; that it was Mr. Nisbet's general Custom to go to bed about Eleven o'Clock, unless there was any very particular Company in the House; that he never left Mrs. Nisbet alone with Captain Totty; Miss Marshbank at Stone used to be with her when she went to bed, and other Company; that the Witness never mentioned what he had seen to his Master till the 6th of May 1783; that he gave the same Evidence he has now given before the Sheriff's Court and the Spiritual Court; that he mentioned what he had seen relative to Mrs. Nisbet's conduct at Stone to a Mr. Heddington, a Friend of his Master's, who was on a Visit there, but he advised him not to take any Notice of it, as it was a very delicate Business; that since Mr. and Mrs. Nisbet parted, he believes that his Master has never seen her; that he has been with him ever since, and not absent from him three Hours at a time, except in the Night; that she might be sometimes in London, and that they had no Children when they parted."

He was directed to withdraw.

Then Major John West was called in, and being sworn, acquainted the House, "That he has been intimate with Mr. Nisbet for Twenty-five Years; that they went to School together; that he knows Captain Totty, and has met him frequently at Mr. Nisbet's; that he first saw him there in 1780; that he was very intimate there, and frequently lay there; that the first Intimation of any thing improper passing between Captain Totty and Mrs. Nisbet was given him by a Friend of Mr. Nisbet's, about June 1782, in consequence of which he paid more Attention to their Conduct; that in the Night on the 5th of May 1783, Stevenson, Mr. Nisbet's Butler, about Twelve o'Clock, came to his Bed-Chamber Door, and told him that Captain Totty and Mrs. Nisbet were in Bed together in Mrs. Nisbet's Room; that he immediately got up, and went with Stevenson to Captain Totty's BedChamber, but did not find him there; that Stevenson desired the Witness to tell Mr. Nisbet of it, but he advised him to defer it till Morning, and bid him go to bed; that the next Morning the Witness told Mr. Nisbet what Stevenson had seen, and said, that he was so shocked upon hearing it, that he fainted away, and was obliged to be blooded; that upon his growing calmer, it was agreed to wait the Discovery till Night; that Stevenson was ordered to watch and give Notice to them; that at Night, about Twelve o'Clock, Stevenson came and told them they were together, on which Mr. Nisbet, the Witness, and Stevenson went into Mrs. Nisbet's Bed-Chamber, and found Captain Totty in Bed with Mrs. Nisbet; that Mr. Nisbet pulled the Captain out of Bed, and it was with the utmost Difficulty the Witness could prevent Blows being given; that Captain Totty immediately quitted the House." Being asked, "Who it was that gave him the first Intimation of Mrs. Nisbet's Conduct?" said, "It was a Mr. Heddington." Being asked, "If Mr. Nisbet used to leave, when he went to Bed, Mrs. Nisbet and Captain Totty alone?" said, No; that there was generally other Company in the Room when he went away." Being asked, "Why he had not made Mr. Nisbet acquainted with what he had heard in 1782, and his own Observations pre vious to the 5th of May?" said, "His Reason was that he could not then bring any Proof."

He was directed to withdraw.

Then (fn. 1) Hedington was called in, and being sworn, acquainted the House, "That he knows Mr. and Mrs. Nisbet, and frequently visited them; that Stevenson the Butler told him at Stone what he had seen pass between Captain Totty and Mrs. Nisbet on the Morning the Witness was coming away from Stone; that he told him the Shortness of Time prevented him from advising him what to do; but upon the whole he thought it was best for him to take no Notice to Mr. Nisbet of what he had seen, as it was a delicate Business."

He was directed to withdraw.

And Mr. Bearcroft acquainting the House, "That he had some more Witnesses to produce;"

The Counsel were directed to withdraw.

Ordered, That the further Consideration of the said Bill, and for hearing Counsel and Witnesses for and against the same, be adjourned to Monday next; and that the Lords be summoned.

Adjourn.

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

DIE Lunæ, 9o Februarii 1784.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Exon.
Epus. Lincoln.
Epus. Bangor.
Epus. Bristol.
Ds. Thurlow, Cancellarius.
Comes Gower, Præses.
Dux Rutland, C. P. S.
Dux Beaufort.
Dux Gordon.
Dux Bridgewater.
Comes Salisbury, Camerarius.
Comes Westmorland.
Comes Sandwich.
Comes Doncaster.
Comes Berkeley.
Comes Abingdon.
Comes Glencairn.
Comes Abercorn.
Comes Lauderdale.
Comes Aberdeen.
Comes Marchmont.
Comes Oxford & Mortimer.
Comes Ferrers.
Comes Aylesford.
Comes De la Warr.
Comes Radnor.
Comes Chatham.
Comes Bathurst.
Comes Clarendon.
Viscount Sackville.
Ds. Paget.
Ds. Say & Sele.
Ds. Chedworth.
Ds. Amherst.
Ds. Brownlow.
Ds. Rivers.
Ds. Rawdon.

PRAYERS.

Carse against His Majesty's Advocate, &c.

The Answer of His Majesty's Advocate and Solicitor General for Scotland to the Appeal of James Carse was this Day brought in.

E. Craufurd against Lady, M. Campbell et al:

Upon reading the Petition and Appeal of George Earl of Craufurd and Lindsay, complaining of Four Interlocutors of the Lords of Session in Scotland, of the 11th of February, the 8th of August, and 20th of December 1783, and 3d of this Instant, February; and praying, "That the same may be reversed, varied, or amended, or that the Appellant may have such other Relief in the Premises as to this House, in their Lordships' great Wisdom, shall seem meet; and that Lady Mary Campbell, Sister of the late John Earl of Craufurd, the Honourable Henry Erskine, Advocate, and William Walker, Attorney in the Court of Exchequer in Scotland, may be required to answer the said Appeal:"

It is Ordered, That the said Lady Mary Campbell, Henry Erskine, and William Walker, may have a Copy of the said Appeal, and do put in their Answer or respective Answers thereunto in Writing, on or before Monday the 8th Day of March next; and Service of this Order upon the said Respondents, or upon any of their known Counsel or Agents in the Court of Session in Scotland, shall be deemed good Service.

Chalmer to enter into a Recognizance said Appeal.

The House being moved, "That James Chalmer of Buckingham Street, Gentleman, may be permitted to enter into a Recognizance for George Earl of Craufurd and Lindsay, on account of his Appeal depending in this House, he living in Scotland:"

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

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

Nottingham Road Bill.

With a Bill, intituled, "An Act for enlarging the Term and Powers of an Act, made in the Fourth Year of the Reign of His present Majesty, for repairing and widening the Road from Bramcote Odd House, in the County of Nottingham, to the Cross Post upon Smalley Common, in the County of Derby, and from Ilkeston to the Towns of Heanor and Shipley, in the said County of Derby, and from Trowell, in the County of Nottingham, to the Town of Nottingham, except so far as relates to the Road leading from Ilkeston to the Town of Shipley;" to which they desire the Concurrence of this House.

The said Bill was read the first Time.

Nisbet's Divorce Bill.

The Order of the Day being read for the further Consideration of the Bill, intituled, "An Act to dissolve the Marriage of Walter Nisbet Esquire, with Anne Blomberg, his now Wife, and to enable him to marry again, and for other Purposes therein mentioned;" and for the further hearing of Counsel and Witnesses for and against the said Bill; and for the Lords to be summoned:

Counsel were accordingly called in;

And Mr. Bearcroft again called William Burton, the Steward of the Yorkshire Estate, who being examined, acquainted the House "That he made the following Payments on Mr. Blomberg's Account:

To Mr. Walker, £.400, borrowed by Mr. Blomberg."

"To Mr. Atkinson, £.39."

"Three Boys' Legacies, left by a Mrs. Neal, £.30."

"To Mr. Lambert, £. 417."

"And that these Sums were paid by Mr. Nisbet; and that Mrs. Blomberg was left Executrix."

He was directed to withdraw.

Then the Counsel for Mr. Nisbet was heard in support of the Bill, and to observe upon the Evidence.

Then Mr. Hardinge was heard for Mrs. Nisbet relative to the Provision Clause in the Bill, and called

Charlton Palmer, who being sworn, produced a Deed executed by Mr. and Mrs. Nisbet, charging Mrs. Nisbet's Life Estate in Mr. Blomberg's Fortune, with £.300 per Annum. The Deed is dated the 14th of April 1779; and the same was read.

He was directed to withdraw.

Then Edward Elwick was called in, and being sworn and examined, acquainted the House, "That he valued the Household Furniture at Kirby Overeast (fn. 2) , in Yorkshire, in 1779, at £.1,259. 2s. 5d.; that there was sold as much of it as amounted to £.1,058. 2s. 6d., and that he paid to Mr. Clever £.200. 6s. 5d. for what remained unsold." Being asked, "If these Goods were Mrs. Blomberg's?" said, "He was employed to value and sell them by Mr. Nisbet, but that he did not tell him whose Goods they were." Being asked, "If the Goods were old or modern?" said, They were not modern."

He was directed to withdraw.

Then John Watson was called in, and being sworn and examined, acquainted the House, "That all the Running Horses and other Horses, Cows, Carts, &c. at Kirby Overcart (fn. 3) , were sold for about £.400, about a Year or two after Mr. Blomberg's Death." Being asked, "If they were Mr. Blomberg's?" said, "Yes."

He was directed to withdraw.

Then Mr. Alderman Pigot was called in, and being sworn and examined, acquainted the House, "That he had purchased Plate of Mr. Nisbet, at different Times, to the Amount of £.936. in exchange for Plate bought by Mr. Nisbet; that the Plate was in three different Parcels, some Mr. Blomberg's, some Mrs. Neal's, and some Mr. Nisbet's; that the greatest Part of it was Mr. Blomberg's; that the Value of his might be about Five or Six Hundred Pounds; that he bought Mrs. Nisbet's Jewels, and gave for them £.490; that he gave a Draft for the Money, payable to Mr. Nisbet's Order to Mrs. Nisbet, and that she received it; that he knew these Jewels were Mr. Blomberg's, he having bought them of him, and that he re-set them for Mrs. Nisbet."

He was directed to withdraw.

Then Mr. Pigot was heard on behalf of Mrs. Nisbet.

Mr. Bearcroft was heard to reply.

The Counsel were directed to withdraw.

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 on Friday next.

Adjourn.

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

DIE Martis, 10o Februarii 1784.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Roffen.
Epus. Bangor.
Ds. Thurlow, Cancellarius.
Comes Abercorn.
Viscount Sackville.
Ds. Chedworth.
Ds. Scarsdale.
Ds. Amherst.

PRAYERS.

Nottingham Road Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers of an Act, made in the Fourth Year of the Reign of His present Majesty, for repairing and widening the Road from Bramcote Odd House, in the County of Nottingham, to the Cross Post upon Smalley Common, in the County of Derby, and from Ilkeston to the Towns of Heanor and Shipley, in the said County of Derby, and from Trowell, in the County of Nottingham, to the Town of Nottingham, except so far as relates to the Road leading from Ilkeston to the Town of Shipley."

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

E. Abercorn.
V. Sackville.
L. Bp. Rochester.
L. Bp. Bangor.
L. Chedworth.
L. Scarsdale.
L. Amherst.

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 of Peers; and to adjourn as they please.

Fraser and Maxton against Walsh et al:

A Petition of Simon Fraser Esquire, and John Maxton, Appellants in a Cause depending in this House, to which John Walsh Esquire, and others, are Respondents, which stands appointed for hearing, was presented and read; setting forth, "That the Appellants are advised to "withdraw their Appeal in this Cause;" and therefore praying "Their Lordships will be pleased to allow the Petitioners to withdraw their said Appeal:"

And thereupon the Agents on both Sides were called in, and heard at the Bar; and being withdrawn,

Appeal withdrawn.

Ordered, That the Petitioners be at Liberty to withdraw their said Appeal as desired, upon Payment of Forty Pounds Costs to the Respondents.

Adjourn.

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

Footnotes

1 Sic.
2 Sic.
3 Sic.