February 1792 1-10
DIE Mercurii, 1o Februarii 1792.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. Carliol.
Epus. Glocestr. |
Ds. Thurlow, Cancellarius.
Dux Dorset, Senescallus.
Comes Chesterfield. |
Ds. Cathcart.
Ds. Mulgrave. |
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 past Two o'Clock at His Palace of
St. James."
Scott against Pate and Dicksons.
Upon reading the Petition and Appeal of Ninian Scott
of Carcoside Esquire, complaining of four Interlocutors
of the Lord Ordinary in Scotland of the 15th of July,
the 29th of November, and 12th of December 1789, and
14th of January 1790; and also of three Interlocutors
of the Lords of Session there, one of the 9th of June
1790, and two dated the 13th of December 1791, in so
far as they do not sustain the Five hundred Pounds Bill
therein mentioned, as a good Document of Debt, or at
least allow the Petitioner a Proof of the Facts condescended on by him, and also in so far as they find the
Petitioner liable in Expences, and grant Warrant for
apprehending and incarcerating him; and praying,
"That the same in so far as complained of, 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 Christian Pate Executrix of Thomas
Pate of Harthope, deceased, and John Dickson in Stepend, her Husband, and Robert Dickson eldest Son of
Margaret Pate otherwise Dickson, deceased, who was
also Executrix of the said Thomas Pate, may be required to answer the said Appeal:"
It is Ordered, That the said Christian Pate, and
John Dickson, and Robert Dickson, may have a Copy of
the said Appeal; and do put in their Answer or respective Answers thereunto in Writing, on or before Wednesday the 29th Day of this instant February; and that
Service of this Order upon any of the known Counsel or
Agents of the said Respondents, in the Court of Session in
Scotland, shall be deemed good Service.
Clunes against Gordon et al:
Upon reading the Petition and Appeal of Captain
Gordon Clunes of Whitehill, complaining of an Interlocutor of the Lords of Session in Scotland of the 24th of
December 1791; and praying, "That the same may be
reversed, varied, or altered, 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 Robert Home Gordon, of Embo,
Esquire, and others, Freeholders of the County of
Sutherland, may be required to answer the said
Appeal:"
It is Ordered, That the said Robert Home Gordon
and others, Freeholders of the said County, may have a
Copy of the said Appeal; and do put in their Answer or
respective Answers thereunto in Writing, on or before
Wednesday the 29th Day of this instant February; and
Service of this Order upon the said Respondents, or
upon their known Counsel or Agents in the Court of
Session in Scotland, shall be deemed good Service.
Seton to enter into Recognizance on said Appeal.
The House being moved, "That John Seton, of
Golden Square in the Liberty of Westminster, Gentleman, may be permitted to enter into a Recognizance for Captain Gordon Clunes, on account of his
Appeal depending in this House, he residing in Scotland:"
It is Ordered, That the said John Seton may
enter into a Recognizance for the said Appellant, as
desired.
Hog against Hog et al.
Upon reading the Petition and Appeal of Thomas
Hog, of Newliston, Esquire, complaining of certain Parts
of three Interlocutors of the Lord Ordinary in Scotland
of the 15th of December 1789, and 11th of March and
2d of December 1790; and also of certain Parts of five
Interlocutors of the Lords of Session there, of the 2d
and 21st of December 1790, and 7th of June, 29th of
November, and 23d of December 1791; and praying,
"That the same in so far as complained of, 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 Rebecca Hog eldest Daughter of
Roger Hog, and Thomas Lashley, of London, Esquire,
her Husband, and James Campbell Writer in Edinburgh, their Attorney, may be required to answer the
said Appeal:"
It is Ordered, That the said Rebecca Hog, Thomas
Lashley, and James Campbell may have a Copy of the
said Appeal, and do put in their Answer or respective
Answers thereunto in Writing, on or before Wednesday
the 29th Day of this instant February; 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.
Simpson against Ker et al.
The House being informed, "That Mrs. Henrietta
Ann Ker and others, Respondents to the Appeal of William Simpson Esquire, of Veavfield, had not put in
their Answer to the said Appeal, though duly served
with the Order of this House for that Purpose:"
And thereupon an Affidavit of James Stormonth, Writer in Edinburgh, of the due Service of the said Order,
being read:
Ordered, That the said Respondents do put in their
Answer to the said Appeal, peremptorily in a Week.
University of Glasgow against E. Selkirk et al.
The House being informed, "That Dunbar Earl of
Selkirk, and others, Respondents to the Appeal of
the Principal and Professors of the University of Glasgow, 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 Gilbert Saltone Writer
in Edinburgh, of the due Service of the said Order,
being read:
Ordered, That the said Respondents do put in
their Answer to the said Appeal, peremptorily in a
Week.
Rutherford against Anstruther.
The House being informed, "That Philip Anstruther
Paterson Esquire, Respondent to the Appeal of John
Rutherford, of Edgerston, Esquire, had not put in his
Answer to the said Appeal, though duly served with
the Order of this House for that Purpose:"
And thereupon an Affidavit of Alexander Grant junior,
Writer in Edinburgh, of the due Service of the said Order, being read:
Ordered, That the said Respondent do put in his
Answer to the said Appeal, peremptorily in a Week.
Elliot against Davidson.
The House being informed, "That William Davidson
Younger, Esquire, of Haltree, Respondent to the Appeal
of William Elliot, of Wells, Esquire, one of the Freeholders of the County of Roxburgh, had not put in his
Answer to the said Appeal, though duly served with
the Order of this House for that Purpose:"
And thereupon an Affidavit of Arthur Forrest, Writer
in Edinburgh, of the due Service of the said Order,
being read:
Ordered, That the said Respondent do put in his
Answer to the said Appeal, peremptorily in a Week.
Elliot against Dallas.
The House being informed, "That William Dallas,
Writer to His Majesty's Signet in Scotland, Respondent to the Appeal of William Elliot, of Wells, Esquire,
One of the Freeholders of the County of Roxburgh,
had not put in his Answer to the said Appeal, though
duly served with the Order of this House for that
Purpose:"
And thereupon an Affidavit of Arthur Forrest, Writer
in Edinburgh, of the due Service of the said Order being
read:
Ordered, That the said Respondent do put in his
Answer to the said Appeal, peremptorily in a Week.
Elliot against M. Pringle.
The House being informed, "That Mark Pringle of
Fairnielee, Respondent to the Appeal of William Elliot,
of Wells, Esquire, One of the Freeholders of the
County of Roxburgh, had not put in his Answer to
the said Appeal, though duly served with the Order
of this House for that Purpose:"
And thereupon an Affidavit of Arthur Forrest, Writer
in Edinburgh, of the due Service of the said Order, being
read:
Ordered, That the said Respondent do put in his
Answer to the said Appeal, peremptorily in a Week.
Elliot against R. Pringle.
The House being moved, "That a Day may be
appointed for hearing the Cause wherein William
Elliot, of Wells, Esquire is Appellant, and Robert
Pringle is Respondent ex-parte; the Respondent not
having put in his Answer thereto, though peremptorily ordered so to do:"
It is Ordered, That this House will hear the said
Cause ex-parte, by Counsel at the Bar on the First vacant
Day for Causes after those already appointed, unless the
Respondent puts in his Answer thereto in the mean
Time.
Fraser against His Majesty's Advocate.
Upon reading the Petition of Archibald Fraser Esquire
of Lovat, Appellant in a Cause depending in this House,
and of His Majesty's Advocate for Scotland, Respondent
thereto; setting forth, "That both Parties are desirous that the Hearing of the said Cause should be
postponed to the next Session of Parliament;" and
therefore praying Their Lordships, "That the Hearing
of the said Cause may be put off to the next Session of
Parliament:"
It is Ordered, That the Hearing of the said Cause
be put off to the next Session of Parliament, as desired.
His Majesty's Advocate against Milne.
Upon reading the Petition of His Majesty's Advocate
General for Scotland, Plaintiff in a Writ of Error depending in this House, to which John Milne is Defendant; setting forth, "That the Defendant in Error
hath not yet rejoined; and the Plaintiff in Error is
desirous that the Hearing of the Cause be put off to
next Session of Parliament;" and therefore praying
Their Lordships, "To put off the hearing of the said
Cause to the next Session of Parliament:"
It is Ordered, That the Hearing of the said Cause be
put off to the next Session of Parliament, as desired.
Armstrong against His Majesty's Advocate:
Upon reading the Petition of David Armstrong, Appellant in a Cause depending in this House, and of His
Majesty's Advocate for Scotland Respondent thereto,
which stands appointed for hearing; setting forth, "That
the Appellant is desirous to withdraw his Appeal to
Their Lordships, from certain Interlocutors of the
Court of Session in Scotland, and the Respondent is
willing that the same be withdrawn without Payment
of Costs;" and therefore praying Their Lordships,
That Leave may be given to the Appellant to withdraw his said Appeal, without Payment of any Costs:"
Appeal withdrawn.
It is Ordered, That the Appellant be at Liberty
to withdraw his said Appeal without Costs, as desired.
Committee touching Airing of Westminster-Hall.
Ordered, That a Committee be appointed to enquire
touching the most effectual Means of airing Westminster
Hall, so as to render the same fit for the Reception of
this House, speedily to proceed therein on the Trial of
Warren Hastings Esquire, and to report to the House:
Their Lordships, or any Five of them, to meet on
Friday next, at the usual Time and Place; and
to adjourn as they please.
Ordered, That all the Lords who have been present
this Session be of the said Committee.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis,
septimum diem instantis Februarii, horâ undecimâ Auroræ, Dominis sic decernentibus.
DIE Martis, 7o Februarii 1792.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Archiep. Ebor.
Epus. Bangor.
Epus. Litch. & Cov.
Epus. Carliol.
Epus. Meneven. |
Ds. Thurlow, Cancellarius.
March. Stafford,
C. P. S.
Dux Dorset, Senescallus.
Dux Portland.
Comes Kellie.
Comes Lauderdale.
Comes Elgin.
Comes Graham.
Comes Effingham.
Comes Fitzwilliam.
Comes De la Warr.
Comes Strange.
Viscount Stormont.
Viscount Falmouth.
Viscount Sydney. |
Ds. Grenville Unus
Primariorum Secretariorum.
Ds. Cathcart.
Ds. Torphichen.
Ds. Rawdon.
Ds. Sommers.
Ds. Hawkesbury.
Ds. Dorchester.
Ds. Fife.
Ds. Douglas of Lochleven. |
PRAYERS.
Elliot against Pringle.
The Answer of Lieutenant-Colonel Robert Pringle of
the Corps of Engineers, to the Appeal of William Elliott,
of Wells, Esquire, was this Day brought in.
King's Answer to Address.
The Lord Chancellor reported, "That the House did
on Wednesday last present their Address to His Majesty; to which His Majesty was pleased to return the
following Most Gracious Answer:
"My Lords,
"I thank you for this very dutiful and loyal Address:
the Expressions of your Affection towards My Person
and Family, and of your zealous Attachment to that
Constitution from which we derive so many Advantages, are peculiarly acceptable to Me; and I receive
with great Pleasure your Congratulations on the Marriage of My Son the Duke of York, with the eldest
Daughter of My good Brother and Ally the King of
Prussia, and the Assurances of your Readiness to concur in making a suitable Provision for their Establishment."
Ordered, That the said Address, together with His
Majesty's Most Gracious Answer thereto, be forthwith
printed and published.
Queen's Answer to Message on Nuptials of D. York.
The Duke of Dorset acquainted the House, "That
he, and the other Lords appointed by the Order of
Tuesday last, had carried the Message of Congratulation to Her Majesty, on the joyful Occasion of the
Marriage of His Royal Highness the Duke of York
with the Princess Royal of Prussia, and that Her Majesty was pleased to say,
"I am very sensible of the Duty shewn on all Occasions by the House of Lords to the King, and have
so frequently experienced their regard for Me, that
I desire My Thanks may be conveyed in the most expressive Manner, for their Congratulations on the present happy Occasion."
Ld. Dorchester introduced:
Sir Guy Carleton being by Letters Patent, bearing
Date the 21st of August 1786, in the Twenty-sixth
Year of His present Majesty, created Baron Dorchester, was (in his Robes) introduced between the Lord
Cathcart and the Lord Fife (also in their Robes), the
Gentleman Usher of the Black Rod, Garter King at
Arms, and the Deputy Lord Great Chamberlain 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 Guy Carleton of Dorchester, Chevalier, Greeting: Whereas, by the Advice and Assent of Our
Council, for certain arduous and urgent Affairs concerning Us, the State and Defence of Our Kingdom
of Great Britain, and the Church, We have ordered
a certain Parliament to be holden at Our City of Westminster on the Tenth Day of August next ensuing,
and there to treat and have Conference with the Prelates, Great Men, and Peers of Our Realm, We,
strictly enjoining, command you, upon the Faith and
Allegiance by which you are bound to Us, that the
Weightiness of the said Affairs and imminent Perils
considered, (waiving all Excuses,) you be at the said
Day and Place personally present with Us, and with
the said Prelates, Great Men, and Peers to treat and
give your Counsel upon the Affairs aforesaid, and this
as you regard Us and Our Honour, and the Safety
and Defence of the said Kingdom and Church, and
Dispatch of the said Affairs, in no wise do you omit.
"Witness Ourself at Westminster, the Twelfth
Day of June, in the Thirtieth Year of Our
Reign.
Arden.
Thomas."
Then His Lordship at the Table 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 in his due Place.
Pedigree delivered.
Garter King at Arms delivered in at the Table his
Lordship's Pedigree, pursuant to the Standing Order.
E. Essingham takes his Seat:
This Day Richard Earl of Effingham sat first in Parliament, after the Death of his Brother Thomas Earl of
Effingham: His Lordship, having first at the Table taken
the Oaths, and made and subscribed the Declaration,
and also taken and subscribed the Oath of Abjuration,
pursuant to the Statutes.
Pedigree delivered.
Garter King at Arms delivered in at the Table his
Lordship's Pedigree, pursuant to the Standing Order.
East India Goods, &c. Accounts 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 the several Acts of Parliament, the Return of
the said Commissioners, with the following Accounts;
(videlicet)
No. 1. "An Account of prohibited East India Goods
imported into St. Helens and private Trade Warehouses in the Port of London, from Michaelmas 1790
to Michaelmas 1791, what delivered out for Exportation during that Period, and what remained in the
said Warehouses at Michaelmas 1791."
2. "An Account of prohibited East India Goods
imported into Leadenhall Warehouse in the Port of
London, from Michaelmas 1790 to Michaelmas 1791,
also what exported during that Time, and what remained in the said Warehouse at Michaelmas 1791."
3. "An Account of prohibited East India Goods
remaining in His Majesty's Warehouse in the Port of
London at Michaelmas 1790, what have been since
brought in, what exported, as also what remained at
Michaelmas 1791."
4. "An Account of East India Goods prohibited to
be worn in this Kingdon, in the respective Warehouses in the Out Ports, at Michaelmas 1790, what
have been since brought in, what exported, as also,
what remained at Michaelmas 1791."
5. "An Account of prohibited East India Goods
which have been delivered out of the Warehouses at
St. Helens, Leadenhall, Billiter Lane, and the Custom House, in the Port of London, since Michaelmas
1790, in order to be dyed, glazed, and refreshed,
what have been returned, and what remained out at
Michaelmas 1791."
6. "An Account of Naval Stores imported from
Russia into the Port of London from Michaelmas 1790
to Michaelmas 1791."
7. "An Account of Naval Stores imported from
Russia into the Ports of England, commonly called
the Out Ports, from Michaelmas 1790 to Michaelmas
1791."
8. "An Account of the Number of Ships which have
been employed in the Whale Fishery to Davis's
Streights and the Greenland Seas, distinguishing their
Names, Tonnage, Ports from whence they were
fitted out, Ports where they were discharged, and the
Quantity of Blubber each Ship imported in the Year
1791."
And then they withdrew.
And the Titles thereof being read by the Clerk:
Ordered, That the said Accounts do lie on the
Table.
Duke and Duchess of York's Answer to Message on their Marriage.
The Earl Graham acquainted the House, "That he
and the other Lords had (pursuant to the Order of
Wednesday last) carried the Message of Congratulation to the Duke and Duchess of York, on the joyful
Occasion of the Solemnization of their Marriage; and
that they were pleased to say:
"We return a great many Thanks to the House of
Lords, for the Regard they have shewn us on this Occasion."
Report from Committee touching Airing of Westminster Hall:
The Lord Cathcart reported from the Lords Committees appointed to enquire touching the most effectual
Means of airing Westminster Hall, so as to render the
same fit for the Reception of this House, speedily to proceed therein on the Trial of Warren Hastings Esquire:
"That in Obedience to their Lordships' Commands
the Committee had met, and considered the Matter
to them referred, and that they might be the better
enabled to give their Lordships the fullest Information possible upon the Subject, had adjourned into
Westminster Hall, being attended by the Deputy Great
Chamberlain of England, Sir William Chambers, Surveyor General of His Majesty's Board of Works,
John Soane Esquire, Clerk of the said Board, and Mr.
Oldham an eminent Stove-maker, where they made
an accurate Inspection and Examination into the State
of the Hall at that Time.
"That on their return, they examined more particularly Mr. Soane and Mr. Oldham, touching the most
effectual Method of airing Westminster Hall, so as to
make it consistent with their Lordships' Safety,
speedily to proceed therein, on the Trial of Warren
Hastings Esquire.
"From the Result of their own actual Inspection, and
their Examination of the Persons above mentioned,
the Committee beg Leave to submit to their Lordships
as their Opinion:
1. "That Westminster Hall is perfectly free at this
Time from any Damp whatsoever; and that no Appearance of Damp is to be found either in the Woodwork or Furniture, or even in the Books, which have
remained upon the Table ever since the last Adjournment of the Court.
2. "That there are several large Braziers constantly
burning there every Day, and have been so for some
Time past; and that these Braziers, and the other
Precautions used by the Deputy Great Chamberlain,
are sufficient for the Removal of any Damp, excepting what is occasioned by the accidental State of the
external Atmosphere.
3. "That any Apparatus for warming the Hall by a
Stove or Machine placed near the Centre of the
Court, would not only be inconvenient from the large
Space it would occupy, but extremely dangerous in
regard to Fire; but that two large Stoves might be
safely placed in the Lobby of the Hall, as it is now
sitted up, upon the Stone Pavement, one on each
Side of the Great Door, which would not be attended with any Danger, might be put up in about
Twenty Days, and would have the Effect of warming
the Hall, to any Degree of Temperature that might
be required."
Which Report, being read by the Clerk, was agreed
to by the House.
Stoves to be placed in Westminster Hall.
Ordered, That the Deputy Great Chamberlain do
give Orders for two large Stoves to be placed in the
Lobby of Westminster Hall, on each Side of the great
Door fronting New Palace Yard.
Reduction of the National Debt, Account of, delivered:
The House being informed, "That Mr. Newland
from the Bank of England attended:"
He was called in, and delivered at the Bar, pursuant
to the Directions of an Act of Parliament,
"An Account from the Bank of England, of the
Receipt and Expenditure of £1,269,639 11s. 3d.
in one Year, from February 3d 1791, to January 31st
1792, by the Commissioners for the Reduction of
the National Debt; and of the Receipt of £315,850
to be applied in the Quarter between the 1st of February and 1st May 1792."
And then he withdrew.
And the Title thereof being read by the Clerk:
Ordered, That the said Account do lie on the
Table.
The Lord Grenville (by His Majesty's Command)
presented to the House,
Treaty and Convention between the Emperor of Germany and the Ottoman Porte delivered.
"Copy of the Definitive Treaty of Peace, between
the Emperor of Germany and the Ottoman Porte,
signed at Sistow, August 4th 1791; and Translation."
Also, "Copy of the separate Convention between
the Emperor of Germany and the Ottoman Porte,
signed at Sistow, August 4th 1791; and Translation."
1. Also, "Extract of the Empress of Russia's Rescript
to Count Woronzow, dated December 8/19 1789, and
Translation."
2. Also, "Extract of a Letter from the Duke of
Leeds to Count Woronzow, dated Whitehall 9th February 1790; and Translation."
3. Also, "Copy of a Letter from the Duke of Leeds
to Mr. Whitworth, dated April 2d 1790."
4. Also, "Extract of a Dispatch from Count Osterman to Count Woronzow, St. Petersburgh 1st of May
1790; and Translation."
5. Also, "Copy of a Letter from the Duke of Leeds
to Mr. Whitworth, dated June 15th 1790."
6. Also, "Extract of a Dispatch from Count Osterman to Count Woronzow, dated May 26th/June 6th 1790, and
Translation."
7. Also, "Extract of a Letter from the Duke of
Leeds to Count Woronzow, dated 17th July 1790,
and Translation."
8. Also, "Extract of a Letter from the Duke of
Leeds to Mr. Whitworth, dated August 17th 1790."
9. Also, "Extract of a Dispatch from Count d'Osterman to Count de Woronzow, dated St. Petersburgh
27th August 1790, and Translation."
10. Also, "Copy of a Letter from Count d'Osterman, to Count de Nesselrode, dated Petersburgh, August 27th 1790, and Translation."
11. Also, "Extract of a Letter from the Duke of
Leeds to Mr. Whitworth, dated Whitehall, October
19th 1790."
12. Also, "Copy of a Dispatch from Count d'Osterman to Count Woronzow, dated St. Petersburgh, October 31st 1790, and Translation."
13. Also, "Copy of a Letter from the Duke of
Leeds to Count Woronzow, dated Whitehall, October
9th 1790, and Translation."
14. Also, "Copy of a Memorial from Messrs. Whitworth and Goltze, presented at Petersburgh, May 26th
1791, and Translation."
15. Also, "Copy of a Note from Count d'Osterman
to Messrs. Whitworth and Goltze, dated Petersburgh,
June 6/17 1791, and Translation."
16. Also, "Copy of a Memorial from Messieurs
Whitworth, Fawkener, and Goltze, presented at Petersburgh, June 29th 1791, and Translation."
17. Also, "Copy of a Letter from Count Osterman
to Messieurs Whitworth and Fawkener, 9th July 1791,
and Translation."
18. Also, "Copy of a Memorial from Messieurs Whitworth Fawkener and Goltze, presented at Petersburgh
July 11/22 1791; and Translation."
19. And also, "Copy of a Memorial from Count
Osterman to Messieurs Whitworth, Fawkener and Goltze,
dated July 16/27 1791; and Translation."
Together with Lists of the said Papers.
Which being read by the Clerk:
Ordered, That the said Papers do lie on the Table.
Ordered, That the said Papers be printed.
Judges Reports on Private Bills, Limitation of.
Ordered, That this House will not receive any Report from the Judges upon Petitions presented to this
House for Private Bills, after Wednesday the 4th Day of
April next.
Hastings' Trial, Witnesses to attend.
Ordered, That Major Archibald Hook, and Lieutenant Thomas Shouldham, do attend on Tuesday the
14th Day of this instant February, at Ten of the Clock
in the Forenoon, to give Evidence at the Trial of Warren Hastings Esquire in Westminster Hall.
Lickbarrow and Wright against Mason, et al. in Error.
Ordered, That the Judges do attend this House on
Friday next, in order to deliver their Opinions upon
the Question of Law put to them on the 20th Day of
May last, upon hearing the Errors argued, assigned
upon the Writ of Error wherein William Nowell Lickbarrow and Ralph Wright are Plaintiffs, and Edward
Mason and others are Defendants.
Ogden against Folliott, in Error.
Ordered, That the Hearing of the Errors argued,
assigned upon the Writ of Error wherein David Ogden
Esquire is Plaintiff, and George Folliott is Defendant,
which stands appointed for To-morrow, be put off to
Wednesday the 22d Day of this instant February; and
that the Judges do then attend.
Davallon's Naturalization Bill:
Upon reading the Petition of John Baptist Davallon
Merchant, praying Leave to bring in a Bill for his Naturalization:
It is Ordered, That Leave be given to bring in
a Bill, according to the Prayer of the said Petition.
Bill presented.
Accordingly, the Lord Cathcart presented to the
House a Bill, intituled, "An Act for naturalizing John
Baptist Davallon."
The said Bill was read the First Time.
Lindsay against Kinlock and Nairne.
The House being informed, "That George Kinlock
and John Nairne, Respondents to the Appeal of David Lindsay, 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 Andrew Pitcairn
Writer in Edinburgh, of the due Service of the said
Order being read:
Ordered, That the said Respondents do put in
their Answer to the said Appeal, peremptorily in a
Week.
Spottiswoode to enter into Recognizance on Hog's Appeal.
The House being moved, "That John Spottiswoode,
of Sackville Street, Gentleman, may be permitted to
enter into a Recognizance for Thomas Hog Esquire,
on Account of his Appeal depending in this House,
he residing in Scotland:"
It is Ordered, That the said John Spottiswoode may
enter into a Recognizance for the said Appellant, as
desired.
Crichton against Mackay.
Upon reading the Petition of Alexander Crichton Appellant in a Cause depending in this House, to which
Mary Mackay is Respondent, setting forth, "That the
Appellant having presented his Appeal to Their
Lordships from certain Interlocutors of the Court
of Session in Scotland, the same was served upon the
Respondent, but no Answer has yet been put in by
her: that the above Action was originally brought
in the Year 1751, against the Appellant's Father
before the Magistrates of Edinburgh, of whose Decree the Appellant's Father obtained Letters of Suspension from the Court of Session in March 1752,
from which Time to the Year 1786, the Respondent
never insisted therein, but in that Year she raised a
Summons of Wakening and Transference against the
Appellant, (his Father being then dead,) which came
before Lord Henderland Ordinary, who by Interlocutor of the 18th of February 1787, transferred the
Action against the Appellant in Statu Quo, and found
the Letters orderly proceeded and decerned: that
though in his Petition and Appeal the Appellant appealed from the above Interlocutor, so far as it found
the Letters orderly proceeded, which regarded the
Merits of the Cause alone, yet he omitted to Appeal
from that part of it which wakened and transferred
the Action against him;" and therefore praying Their
Lordships, "That he may be allowed to amend his
said Appeal, by adding thereto the above Part of the
aforesaid Interlocutor, which wakens and transfers
the Action against him:"
It is Ordered, That the Petitioner be at Liberty to
amend his said Appeal as desired, he amending the Respondent's Copy.
Menzies against Menzies et al.
Upon reading the Petition of John Menzies Esquire,
Appellant in a Cause depending in this House, to which
Elizabeth Mackenzie Menzies, and others, are Respondents; setting forth, "That this Appeal is from two Interlocutors of the Court of Session in Scotland pronounced in a Cause between these Parties, the one
dated the 24th Day of June 1785, in as far as it was
thereby found and declared by the Court, that James
Menzies therein named was not an Heir of Entail
but a Disponee, and therefore had certain Powers
vested in him, and the second Interlocutor adhering
to the first, and refusing a reclaiming Petition for the
now Appellant, dated the 6th of December 1785;
but the Petitioner is advised, that the Appeal is defective in not setting forth the precise Words of the
said Interlocutor of 6th of December 1785: that the
Petitioner is desirous to amend his said Appeal in
these Particulars;" and therefore praying, "That
Their Lordships will be pleased to order, that he
may have Leave to amend his said Appeal, by inserting after the Words, "other Interlocutors," these
Words, "the Lords," and in place of the Word
"complained," erroneously used in stating the Terms
of the said Interlocutor, to insert the Word "reclaimed," the Petitioner being willing to amend the
Respondents' Copy:"
It is Ordered, That the Petitioner be at Liberty to
amend his said Appeal as desired, he amending the Respondents' Copy.
Colquhoun and Littlejohn against Buchanan et. al.
The House being informed, "That John Buchanan
and others, Respondents to the Appeal of James Colquhoun Esquire and Alexander Littlejohn, 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 John Syme, Writer in
Edinburgh, of the due Service of the said Order, being
read:
Ordered, That the said Respondents do put in their
Answer to the said Appeal, peremptorily in a Week.
Gregson and Buckland against Carbonell:
Upon reading the Petition of John Carbonell Esquire,
Defendant in a Writ of Error depending in this House,
wherein William Gregson and John Buckland are Plaintiffs; setting forth, "That the Plaintiffs have not assigned Errors within the Time limited by Their Lordships' Standing Order;" and therefore praying,
"That the said Writ of Error may be Non-pros'd, with
such Costs as to Their Lordships shall seem meet:"
Writ of Error non-pros'd with Costs.
It is Ordered, That the Petitioner do forthwith enter a Non-pros on the said Writ 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 Writ of Error had been brought into this House: And further,
That the Plaintiffs in Error do pay, or cause to be paid,
to the Defendant in Error the Sum of Forty Pounds for
his Costs, by reason of the Delay of the Execution of
the said Judgment.
Chalmer to enter into Recognizance on Scott's Appeal.
The House being moved, "That James Chalmer, of
Abingdon Street, Westminster, Gentleman, may be
permitted to enter into a Recognizance for Ninian
Scott Esquire, 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.
Ballingall against Sir A. Campbell et al.
The House being informed, "That Sir Alexander
Campbell, of Ardkinlas, Baronet, and others, Complainers, Respondents to the Appeal of David Ballingall Esquire, had not put in their Answer to the
said Appeal, though duly served with the Order of
this House for that Purpose:"
And thereupon an Affidavit of James Gibson, Clerk to
the Signet, of the due Service of the said Order, being
read:
Ordered, That the said Respondents do put in their
Answer to the said Appeal, peremptorily in a Week.
Rutherford and Ogilvie against Hall:
Upon reading the Petition and Appeal of John Rutherford Esquire, of Edgerston, and Thomas Elliot Ogilvie Esquire, of Chesters, complaining of Two Interlocutors of the Lords of Session in Scotland, of the 21st of
December 1791, and 17th of January 1792, in so far as
they sustain the Plea of a Res Judicata, and dismiss the
Complaint; and praying, "That the same may be reversed, varied, or amended, in so far as the same are
complained of, or that the Appellants may have such
other Relief in the Premises as to this House, in Their
Lordships' great Wisdom, shall seem meet; and that
Henry Hall, late Tenant in Linthaughlee, may be required to answer the said Appeal:"
It is Ordered, That the said Henry Hall may have
a Copy of the said Appeal, and do put in his Answer thereunto, in Writing, on or before Tuesday the
6th Day of March next; and Service of this Order upon the known Counsel or Agents of the said
Respondent in the Court of Session in Scotland, shall
be deemed good Service.
Spottiswoode to enter into Recognizance on Appeal.
The House being moved, "That John Spottiswoode,
of Sackville Street, Gentleman, may be permitted to
enter into a Recognizance for John Rutherford Esquire, and Thomas Elliot Ogilvie Esquire, on account
of their Appeal depending in this House, they being
in Scotland:"
It is Ordered, That the said John Spottiswoode may
enter into a Recognizance for the said Appellants as desired.
Rutherford against Hall:
Upon reading the Petition and Appeal of John Rutherford, of Edgerston, Esquire, complaining of Two Interlocutors of the Lords of Session in Scotland, of the 18th
and 24th of December 1790; 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 Henry Hall, late Tenant in Linthaughlee, may be required to answer the
said Appeal:"
It is Ordered, That the said Henry Hall may have a
Copy of the said Appeal, and do put in his Answer
thereunto, in Writing, on or before Tuesday the 6th
Day of March next; and Service of this Order upon
the known Counsel or Agents of the said Respondent in
the Court of Session in Scotland shall be deemed good
Service.
Spottiswoode to enter into Recognizance on said Appeal.
The House being moved, "That John Spottiswoode,
of Sackville Street, Gentleman, may be permitted to
enter into a Recognizance for John Rutherford Esquire, on account of his Appeal depending in this
House, he being in Scotland:"
It is Ordered, That the said John Spottiswoode may
enter into a Recognizance for the said Appellant as desired.
Rutherford against Douglas:
Upon reading the Petition and Appeal of John Rutherford, of Edgerston, Esquire complaining of Two
Interlocutors of the Lords of Session in Scotland, of the
18th and 24th of December 1790; 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 Captain James
Douglas, second Son of Sir James Douglas Baronet
deceased, may be required to answer the said Appeal:"
It is Ordered, That the said Captain James Douglas
may have a Copy of the said Appeal, and do put in his
Answer thereunto, in Writing, on or before Tuesday the
6th Day of March next; and Service of this Order upon
the known Counsel or Agents of the said Respondent in
the Court of Session in Scotland, shall be deemed good
Service.
Spottiswoode to enter into Recognizance on said Appeal.
The House being moved, "That John Spottiswoode,
of Sackville Street, Gentleman, may be permitted to
enter into a Recognizance for John Rutherford Esquire, on account of his Appeal depending in this
House, he being in Scotland:"
It is Ordered, That the said John Spottiswoode may
enter into a Recognizance for the said Appellants as desired.
Rutherford and Ogilvie against Douglas:
Upon reading the Petition and Appeal of John Rutherford, of Edgerston, Esquire, and Thomas Elliot Ogilvie Esquire, of Chesters, complaining of Two Interlocutors of the Lords of Session in Scotland, of the 21st of
December 1791, and 17th January 1792, in so far as
they sustain the Plea of a Res Judicata, and dismiss the
Complaint; and praying, "That the same may be reversed, varied, or amended, in so far as the same are
complained of, or that the Appellants may have such
other Relief in the Premises as to this House, in Their
Lordships' great Wisdom, shall seem meet; and that
Captain James Douglas, second Son of Sir James
Douglas Baronet, deceased, may be required to answer
the said Appeal:"
It is Ordered, That the said Captain James Douglas
may have a Copy of the said Appeal, and do put in his
Answer thereunto, in Writing, or on before Tuesday the
6th Day of March next; and Service of this Order upon
the known Counsel or Agents of the said Respondent in
the Court of Session in Scotland, shall be deemed good
Service.
Spottiswoode to enter into Recognizance on said Appeal.
The House being moved, "That John Spottiswoode,
of Sackville Street, Gentleman, may be permitted to
enter into a Recognizance for John Rutherford Esquire, and Thomas Elliot Ogilvie Esquire, on account
of their Appeal depending in this House, they being
in Scotland:"
It is Ordered, That the said John Spottiswoode may
enter into a Recognizance for the said Appellants, as desired.
Burden against Campbell:
Upon reading the Petition and Appeal of Elizabeth
Burden, otherwise Campbell, Relict of the deceased John
Campbell, of Kinloch, sometime Merchant in Perth, complaining of an Interlocutor of the Lords of Session in
Scotland, of the 1st of December 1791, in so far as it
prefers the Person who is the Representative of John
Campbell, by the Law of Scotland, to the Share of the
Money in medio, which would have belonged to him if
he had been in Life; and also of another Interlocutor of
the said Lords, of the 1st of February 1792; and praying, "That the same may be reversed, varied, or altered, in so far as complained of, or that the Appellant may have such other Relief in the Premises as to
this House in Their Lordships' great Wisdom shall
seem just; and that Mrs. Jean Campbell, otherwise
Robertson, Sister of Duncan Campbell, of Fort Marlborough deceased, may be required to answer the said
Appeal:"
It is Ordered, That the said Mrs. Jean Campbell,
otherwise Robertson, may have a Copy of the said Appeal, and do put in her Answer thereunto, in Writing,
on or before Tuesday the 6th Day of March next; and
Service of this Order upon the said Respondent, or upon
any of her known Counsel or Agents 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
Abingdon Street, Westminster, Gentleman, may be
permitted to enter into a Recognizance for Elizabeth
Burden, otherwise Campbell, on Account of her Appeal depending in this House, she living in Scotland:"
It is Ordered, That the said James Chalmer may
enter into a Recognizance for the said Appellant, as
desired.
Seton against Scott.
Upon reading the Petition of Archibald Seton Esquire,
Appellant in a Cause depending in this House, and of
Walter Scott Esquire, Respondent thereto; setting forth,
"That this Cause stands appointed for Hearing on an
early Day, but the Parties being in Terms to settle
the Matter in Dispute;" the Petitioners humbly pray,
"That Their Lordships will be pleased to put off the
Hearing of the said Cause till the next Session of Parliament:"
It is Ordered, That the Hearing of the said Cause
be put off to the next Session of Parliament, as desired.
Beaumont Peerage, Committee to meet.
Upon reading the Petition of Thomas Stapleton, of Carlton, in the County of York, Esquire, Claimant of the
Barony of Beaumont; setting forth, "That by Their
Lordships' Order of the 23d of May last, the House
was pleased to put off the sitting of the Committee of
Privileges, which was appointed to meet to consider
the Petitioner's Claim to the said Barony of Beaumont,
to the Second Tuesday in this Session of Parliament;
that owing to some material Alterations intended to
be made in the Petitioner's Case, the same cannot be
compleated, so as to be ready for the Committee of
Privileges to proceed on the said Claim, by the Time
appointed;" and therefore praying Their Lordships,
That the said Order may be discharged, and that the
Committee for Privileges may be appointed to meet
to consider the Claim of the Petitioner, on such early
Day in May next as to Their Lordships shall seem
meet:"
It is Ordered, That the Lords Committees for Privileges do meet to consider of the said Claim, on Thursday the 3d Day of May next; and that Notice thereof be
given to His Majesty's Attorney General.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, nonum
diem instantis Februarii, horâ undecimâ Auroræ, Dominis sic decernentibus.
DIE Jovis, 9o Februarii 1792.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. Meneven.
Epus. Carliol. |
Comes Kellie.
Comes Lauderdale.
Comes Elgin.
Comes Guilford.
Comes Hardwicke.
Comes Strange.
Viscount Stormont. |
Ds. Grenville, Unus
Primariorum Secretariorum.
Ds. Cathcart.
Ds. Torphichen.
Ds. Loughborough.
Ds. Rawdon.
Ds. Hawkesbury.
Ds. Kenyon.
Ds. Fife.
Ds. Douglas of Lochleven. |
PRAYERS.
The Lord Kenyon sat Speaker by virtue of a former
Commission.
Writs of Error delivered.
The Lord Kenyon, Lord Chief Justice of the Court of
King's Bench, in the usual Manner delivered in at the
Table two Writs of Error,
In the First of which,
E. Hopetoun against Taitt.
James Hope Earl of Hopetoun, is Plaintiff,
and
Richard Taitt is Defendant.
And in the other,
James against Jordan.
Thomas James Gentleman is Plaintiff,
and
Sarah Jordan is Defendant.
The King against Amery, in Error. Eddowes' Petition respecting.
Upon reading the Petition of Ralph Eddowes, of the
City of Chester, Merchant; setting forth, "That on the
22d Day of December 1790, the Petitioner presented
a Petition to the House, praying that Their Lordships
would order the Court of King's Bench to tax the
Petitioner his Costs, as the Relator in a certain Information in the Nature of a Quo Warranto brought
by James Templer Esquire, Coroner and Attorney of
the Sovereign Lord the King, against Thomas Amery,
for claiming to exercise the Office of an Alderman of
the City of Chester, pursuant to the Statute in such
Case made and provided, and that when the Costs
have been taxed by the proper Officer of the said
Court of King's Bench, and certified to the House,
that the Judgement might be entered of Record, and
that such Judgement might contain a Judgement of
Ouster against the said Thomas Amery, and an Award
of the said Costs, (taxed as aforesaid) to the said Petitioner as Relator in the said Information, in order
that the Petitioner might thereupon take the proper
and necessary Steps for the Recovery of his said Costs,
or that such Order might be made for Relief of the
Petitioner as to the House should seem just: That the
said Petition was ordered to be laid upon Their Lordships' Table: That the Petitioner on the 8th Day of
June last presented another Petition to the House,
praying that Their Lordships would appoint an early
Day to take the Petitioner's former Petition into Consideration, and that the Petitioner might be heard by
his Counsel at the Bar of the House, in Support of
the same: That Their Lordships were pleased to order
that the Petitioner should be at Liberty to be heard by
his Counsel in Support of his former Petition as desired;" and therefore praying Their Lordships, "To
appoint an early Day to hear the Petitioner's Counsel
in Support of his former Petition:"
It is Ordered, That the said Petition do lie on the
Table.
Lickbarrow and Wright against Mason et al. in Error.
It was moved, "That the Order of Tuesday last, for
the Judges to attend this House To-morrow, in order
to deliver their Opinions upon the Question of Law
put to them on the 20th Day of May last, upon hearing the Errors argued, assigned upon the Writ of Error
wherein William Nowell Lickbarrow and Ralph Wright
are Plaintiffs, and Edward Mason and others are Defendants; be now read."
The same was accordingly read by the Clerk.
Ordered, That the said Order be discharged.
Ordered, That the Judges do attend this House on
Friday the 24th Day of this instant February, in order
to deliver their Opinions upon the said Question.
Elections Bill.
A Message was brought from the House of Commons,
by Mr. Burke and others:
With a Bill, intituled, "An Act to extend the Provisions of certain Acts of Parliament, made to regulate the Trials of controverted Elections or Returns
of Members to serve in Parliament;" to which they
desire the Concurrence of this House.
The said Bill was read the First Time.
Richmond Bridge Accounts delivered.
The House being informed, "That Mr. Clement
Smith from the Commissioners for building Richmond
Bridge attended:"
He was called in, and delivered at the Bar,
"Richmond Bridge Cash Account 1784."
Also, "Richmond Bridge Cash Account for the Year
1785."
Also, "Richmond Bridge Cash Account for the Year
1786."
Also, "Richmond Bridge Cash Account 1787."
Also, "Richmond Bridge Cash Account 1788."
Also, "Richmond Bridge Cash Account 1789."
Also, "Richmond Bridge Cash Account 1790."
And also, "Richmond Bridge Cash Account 1791."
And then he withdrew.
And the Titles thereof being read by the Clerk;
Ordered, That the said Accounts do lie on the
Table.
Ogden against Folliott, in Error.
Ordered, That the hearing of the Errors argued,
assigned upon the Writ of Error wherein David Ogden
Esquire, is Plaintiff, and George Folliott is Defendant,
which stands appointed for Wednesday the 22d Day of this
instant February, be put off to Friday the 24th instant;
and that the Judges do then attend.
Raybould for a Divorce Bill:
Upon reading the Petition of William Raybould, of
the Parish of Saint Martin-in-the-Fields, in the Liberty of
Westminster, and County of Middlesex, Coachfounder,
praying Leave to bring in a Bill to dissolve his Marriage
with Joannah Pearsall 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.
Bill presented.
Accordingly, the Lord Cathcart presented to the
House, a Bill, intituled, "An Act to dissolve the Marriage of William Raybould with Joannah Pearsall 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 24th Day of this instant February, and
that Notice thereof be affixed on the Doors of this House,
and the Lords summoned; and that the said William
Raybould 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 Joannah Pearsall 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.
Davallon takes the Oaths in order to his Naturalization.
John Baptist Davallon took the Oaths appointed, in
Order to his Naturalization.
Hodie 2a vice lecta est Billa, intituled, "An Act for
naturalizing John Baptist Davallon."
Ordered, That the said Bill be committed to the
Consideration of the Lords following:
|
E. Kellie.
E. Lauderdale.
E. Elgin.
E. Guilford.
E. Hardwicke.
E. Strange.
V. Stormont. |
L. Bp. St. David's.
L. Bp. Carlisle. |
L. Grenville.
L. Cathcart.
L. Torphichen.
L. Loughborough.
L. Rawdon.
L. Hawkesbury.
L. Kenyon.
L. Fife.
L. Douglas of Lochleven. |
Their Lordships, or any Five of them, to meet Tomorrow, at Ten o'clock in the Forenoon, in the
Prince's Lodgings, near the House of Peers; and
to adjourn as they please.
Peers Pedigrees referred to Committee.
Ordered, That the Pedigrees of Aubrey Duke of
St. Alban's, Francis Duke of Bedford, George Grenville
Nugent Marquis of Buckingham, William Marquis of
Lansdown, James Marquis of Salisbury, Thomas Marquis
of Bath, Sackville Earl of Thanet, James Earl of Cardigan, George Augusta Lumley Earl of Scarbrough, John
Earl Poulet, Robert Earl Ferrers, Frederick Thomas Earl
of Strafford, Frederick Earl of Bristol, Charles Earl
Stanhope, James Earl Graham, Richard Earl of Effingham, Charles Earl of Harrington, Frederick Earl of
Guilford, John Richard Earl De la Warr, Thomas Villiers Earl of Clarendon, James Earl of Lonsdale, Richard
Earl Howe, Hugh Earl Fortescue, George Samuel Viscount Montagu, George Richard Viscount Bolingbroke,
William Viscount Courtenay, William Viscount Dudley &
Ward, Thomas Viscount Hampden, Thomas Lord Le
Despencer, Edward Lord Clifford, John Lord Howard
de Walden, Thomas Lord Foley, William Lord Grantley,
Henry Frederick Lord Carteret, Guy Lord Dorchester,
Lloyd Lord Kenyon, Henry Lord Gage, and George Lord
Douglas of Lochleven, be referred to the Committee for
Privileges.
Adjourn.
Dominus Kenyon, Capitalis Justiciarius Banci Regis,
declaravit præsens Parliamentum continuandum esse
usque ad et in diem Veneris, decimum diem instantis
Februarii, horâ undecimâ Auroræ, Dominis sic decernentibus.
DIE Veneris, 10o Februarii 1792.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. Bangor.
Epus. Carliol. |
Comes Kellie. |
Ds. Porchester.
Ds. Kenyon.
Ds. Fife. |
PRAYERS.
The Lord Kenyon sat Speaker by virtue of a former
Commission.
Elections Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act to
extend the Provisions of certain Acts of Parliament,
made to regulate the Trials of Controverted Elections,
or Returns of Members to serve in Parliament."
Ordered, That the said Bill be read the Third Time
on Monday next.
D. Marlborough et al. Petition referred to Judges.
Upon reading the Petition of His Grace the Most Noble George Duke of Marlborough, and the Reverend
John Horner Doctor in Divinity, the Warden or Rector
and the Scholars of the College of the Blessed Mary of
All Saints, Lincoln, in the University of Oxford, commonly called Lincoln College; 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 the same is hereby referred to the Lord Chief
Baron of the Court of Exchequer and Mr. Baron Thomson, 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.
Balfour et al. against Scott et al:
Upon reading the Petition and Appeal of David Hay
Balfour of Leys and Randerston Esquire, and his Guardians, and of Lucy Hay the Widow of Patrick Moncrieff
of Reidie Esquire, deceased; complaining of an Interlocutor of the Lords of Session in Scotland, of the 16th
of November 1787, in so far as it finds the Succession to
David Scott's Personal Estate in England, falls to be regulated by the Law of England, and does not find and
declare that Henrietta Scott is obliged either to collate
the Heritable Estate with the Petitioners and the other
next of Kin, or to account for and pay over to them
what she has received or may receive from the Personal
Estate of the said David Scott deceased, situated and
being in England or elsewhere, and also of another Interlocutor of the said Lords of the 17th of June 1788,
adhering to the said former Interlocutor on the Points
reclaimed against, and refusing the desire of the Petition;
and praying, "That the said Interlocutors so far as complained of, may be reversed, varied, or amended, or
that the Appellants may have such other Relief in
the Premises, as to this House in their Lordships' great
Wisdom shall seem proper; and that Henrietta Scott,
Lucy Scot, and Joanna Scott, the Daughters and Coheiresses of John Scott of Balcomie Esquire, deceased,
and their Curators, may be required to answer the
said Appeal:"
It is Ordered, That the said Henrietta Scott, Lucy
Scott, and Joanna Scott and their Curators, may have a
Copy of the said Appeal, and do put in their Answer or
respective Answers thereunto in Writing, on or before
Friday the 9th Day of March next; and that Service of
this Order upon any of the known Counsel or Agents of
the said Respondents in the Court of Session in Scotland,
shall be deemed good Service.
Chalmer to enter into a Recognizance on said Appeal.
The House being moved, "That James Chalmer of
Abingdon Street, Westminster, Gentleman, may be
permitted to enter into a Recognizance for David Hay
Balfour Esquire, and others, on Account of their
Appeal depending in this House, they living in Scotland:"
It is Ordered, That the said James Chalmer may
enter into a Recognizance for the said Appellants, as
desired.
Public Debt, Additions to Annual Charge; Duties for defraying Loans, &c. Account delivered.
The House being informed, "That Mr. Speer from
the Treasury attended:"
He was called in, and delivered at the Bar, pursuant
to the Directions of an Act of Parliament,
No. 1. "An Account of all Additions which have
been made to the Annual Charge of the Public Debt,
by the Interest on Annuities for or on Account of any
Loan which hath been made subsequent to the passing
of an Act of the Twenty-seventh Year of the Reign
of His present Majesty, intituled, "An Act for repealing the several Duties of Customs and Excise, and
granting other Duties in Lieu thereof, and for applying the said Duties together with the other Duties
composing the Public Revenue, for permitting the
Importation of certain Goods, Wares, and Merchandize, the Produce or Manufacture of the European
Dominions of the French King, into this Kingdom,
and for applying certain unclaimed Monies remaining
in the Exchequer, for the Payment of Annuities on
Lives to the Reduction of the National Debt."
2. Also, "An Account of the Produce of the Duties
imposed, for the Purpose of defraying the increased
Charge occasioned by the Loans made in Pursuance of
an Act of the Twenty-ninth Year of the Reign of His
present Majesty, intituled, "An Act for raising a
certain Sum of Money by way of Annuities," and of
one other Act of the same Session, intituled, "An
Act for raising a certain Sum of Money by way of
Annuities, to be attended with the Benefit of Survivorship in Classes," for one Year from the 10th
Day of October 1790 to the 10th Day of October
1791."
3. Also, "An Account of the Produce of the Duties
imposed, for the Purpose of defraying the increased
Charge occasioned by the Loans made in pursuance
of an Act of the Twenty-ninth Year of the Reign of
His present Majesty, intituled, "An Act for raising
a certain Sum of Money by way of Annuities," and
of one other Act of the same Session, intituled, "An
Act for raising a certain Sum of Money by way of Annuities, to be attended with the Benefit of Survivorship in Classes," for one Year from the 5th Day of
January 1791 to the 5th Day of January 1792, made
up pursuant to an Act of the Twenty-seventh Year of
the Reign of His present Majesty, intituled, "An
Act for repealing the several Duties of Customs and
Excise, and granting other Duties in Lieu thereof,
and for applying the said Duties, together with the
other Duties composing the Public Revenue; for permitting the Importation of sundry Goods, Wares, and
Merchandize, the Produce or Manufacture of the
European Dominions of the French King into this
Kingdom, and for applying certain unclaimed Monies
remaining in the Exchequer for the Payment of Annuities on Lives, to the Reduction of the National
Debt."
4. Also, "An Account of the Total Produce of the
Duties of Customs, Excise, Stamps, and Incidents
respectively, for one Year, ended the 10th of October
1791, distinguishing (as far as possible) in each
Branch the Produce on every separate Article, the
Duties on which have amounted to One thousand
Pounds or more, in the Four Quarters of the said
Year."
5. Also, "An Account of the Produce of the Additional Duties on Horses and Carriages from the 10th
of October 1790 to the 10th of October 1791, as far
as the same can be made up."
6. Also, "An Account of the Produce of the Additional Stamp Duties imposed by an Act of the Twentyninth of George the Third, from the 10th of October
1790 to the 10th of October 1791."
7. Also, "An Account of the Produce of the Additional
Duties on Horses and Carriages from the 5th of January 1791 to the 5th of January 1792, as far as
the same can be made up."
8. Also, "An Account of the Produce of the Additional Stamp Duties imposed by an Act of the Twenty-ninth of George the Third, from the 5th of January
1791 to the 5th of January 1792."
9. Also, "An Account of the Total Produce of the
Duties, Customs, Excise, Stamps, and Incidents respectively, for one Year, ended the 5th of January
1792, distinguishing (as far as possible) in each Branch
the Produce on every separate Article, the Duties on
which have amounted to One thousand Pounds or
more, in the Four Quarters of the said Year."
(A) Also, "An Account of the Total Net Produce
and Payments into the Exchequer of the Revenue of
the Customs of Great Britain, between the 10th October 1790 and the 10th October 1791, distinguishing
as far as possible the Produce on every separate Article, the Duties on which shall have amounted to
£1,000 or more."
(A) Also, "An Account of the Total Net Produce
and Payments into the Exchequer of the Revenue of
the Customs of Great Britain, between the 5th Ja
nuary 1791 and the 5th January 1792, distinguishing
as far as possible the Produce on every separate Article, the Duties on which shall have amounted to
£1,000 or more."
(B) Also Excise, "An Account of the Total Net
Produce paid into the Exchequer of the Duties of
Excise in England and Scotland, distinguishing as far
as possible the Produce on every separate Article, the
Duties on which shall have amounted to £1,000
or more, between 10th October 1790 and the 10th
October 1791."
(B) Also Excise, "An Account of the Total Net
Produce paid into the Exchequer of the Duties of Excise, distinguishing as far as possible the Produce upon
every separate Article, the Duty on which has amounted to £1,000 or more, between the 5th January
1791 and 5th January 1792."
(C) Also, "An Account of the Total Net Produce
paid into the Exchequer of the Duties arising from
the Stamp Revenue, that have amounted to £1,000
or more, in the Four Quarters next preceding the
10th of October 1791."
(C) Also, "An Account of the Total Net Produce
paid into the Exchequer of the Duties arising from
the Stamp Revenue, that have amounted to £1,000
or more, in the Four Quarters next preceding the
5th of January 1792."
(D) Also, "An Account of the Total Net Produce
paid into the Exchequer, of the Duties under the
Head of Incidents, distinguishing (as far as possible)
in each Branch the Produce on every separate Article, the Duties on which shall have amounted to
£1,000 or more, in the Four Quarters from the 10th
October 1790 to the 10th October 1791."
(D) And also, "An Account of the Total Net Produce paid into the Exchequer, of the Duties under
the Head of Incidents, distinguishing (as far as possible) in each Branch the Produce on every separate
Article, the Duties on which shall have amounted to
£1,000 or more, in the four Quarters from the 5th
January 1791 to the 5th January 1792."
And then he withdrew.
And the Titles thereof being read by the Clerk:
Ordered, That the said Accounts do lie on the
Table.
African Company's Accounts delivered.
The House being informed, "That Mr. Wright from
the Admiralty Office, attended:"
He was called in, and delivered at the Bar, pursuant
to the Directions of an Act of the Twenty-third Year of
His present Majesty,
"Copies of Reports to the Commissioners for executing the Office of Lord High Admiral of Great Britain, of the States and Condition of the Forts and Settlements on the Coast of Africa, in Possession of the
Company of Merchants trading thither, made by
Captain John Inglefield, Commander of His Majesty's Ship Adventurer:" together with a Schedule
thereof:
Which was read by the Clerk as follows; (videlicet)
No. 1. "State and Condition of Cape Coast Castle,
dated February 1791."
2. "State and Condition of Dixcove Fort, dated 1st
February 1791."
3. "State and Condition of Commenda Fort, dated
5th February 1791."
4. "State and Condition of Accra Fort, dated 26th
February 1791."
5. "State and Condition of Appolonia Fort, dated
26th January 1791."
6. "State and Condition of Tantumquerry Fort, dated 22d February 1791."
7. "State and Condition of William's Fort Whydah,
dated 2d March 1791."
8. "State and Condition of Winnebah Fort, dated
23d February 1791."
And then he withdrew.
Ordered, That the said Papers do lie on the Table.
Adjourn.
Dominus Kenyon Capitalis Justiciarius Banci Regis
declaravit præsens Parliamentum continuandum esse
usque ad et in diem Lunæ, decimum tertium diem
instantis Februarii, horâ undecimâ Auroræ, Dominis
sic decernentibus.