Journal of the House of Lords Volume 33, 1770-1773. Originally published by His Majesty's Stationery Office, London, 1767-1830.
This free content was digitised by double rekeying. All rights reserved.
'House of Lords Journal Volume 33: January 1772', in Journal of the House of Lords Volume 33, 1770-1773, (London, 1767-1830) pp. 227-237. British History Online https://www.british-history.ac.uk/lords-jrnl/vol33/pp227-237 [accessed 24 April 2024]
In this section
Anno 12o Georgii Tertii
Die Martis, 21o Januarii 1772, Annoque Regni Serenissimi Domini Nostri George Tertii, Dei Gratia, Magn Britanni, Franci, & Hibni, Regis, Fidel Defensoris, &c. Duodecimo; in queen Diem hc Quinta Sessio Parliamenti per separalia Adjournamenta et Prorogationes continuata fuerat; in Superiori Domo Parliamenti Magn Britanni apud Westmonster. convenere, Domini tam Spirituales quam Temporales, quorum Nomina subscribuntur; & prentes fuerunt:
REX.
The King present.
His Majesty being seated on the Throne, adorned with His Crown and Regal Ornaments, and attended by His Officers of State, (the Lords being in their Robes), commanded the Gentleman Usher of the,block Rod to let the Commons know, It is His Majestys Pleasure they attend Him immediately in this House.
Who being come, with their Speaker;
His Majesty was pleased to speak as follows:
His Majestys Speech.
My Lords, and Gentlemen,
It gives me much Satisfaction that nothing in the Situation of Our Affairs, either Foreign or Domestick has obliged me to require your Attendance earlier than might have been confident with your private Convenience; and that now you are met together, you will find yourselves at Liberty to give your whole Attention to the Establishment of wise and useful Regulations of Law, and to the Extension of our Commercial Advantages.
The Performance of the Engagement of the King of Spain, in the Restitution of Port Egmont and Falklands Island, and the repeated Assurances I have received of the pacific Disposition of that Court, as well as of other Powers, promise to My Subjects the Continuance of Peace; and we may with the greater Confidence hope that we shall not be disturbed in the Enjoyment of this Blessing, as there is no Reason to apprehend that We mail become involved in the Troubles which still unhappily prevail, in One Part of Europe.
The Danger of the farther spreading of the infectious Sickness in Europe, is, I trust, very much abated; but I must recommend it to you not to suffer Our Happiness, in having been hitherto preserved from so dreadful a Calamity, to lessen your Vigilance in the Use of every reasonable Precaution for Our Safety.
Gentlemen of the House of Commons
I have ordered the Estimates for the Service of the Current Year to be laid before you; I make no Doubt but you will see the Propriety of maintaining a respectable Establishment of my Naval Forces. I am pleased however to find that I shall be under no Necessity of asking of you at this Time any extraordinary Aid.
My Lords, and Gentlemen,
The Concerns of this Country are so various and extensive as to require the most vigilant and active Attention, and some of them, as well from Remoteness of Place as from other Circumstances are so peculiarly liable to Abuses and exposed to Danger, that the Interposition of the Legislature for their Protection may become necessary: If in any such Instances, either for supplying Defects or remedying Abuses, you shall find it requisite to provide any new Laws, you may depend upon My ready Concurrence in whatever may best contribute to the Attainment of those salutary Ends.
Then His Majesty was pleased to retire;
And the Commons withdrew.
The House was adjourned during Pleasure, to unrobe.
The House was resumed.
PRAYERS.
Pedigrees of Peers delivered.
Garter King at Arms delivered in at the Table the Pedigrees of James Duke of Chandos and John Earl of Westmorland.
D. Chandos and E. Westmorland take their Seats.
This Day James Duke of Chandos sat First in Parliament after the Death of His Father Henry Duke of Chandos; his Grace 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.
This Day John Earl of Westmorland sat First in Parliament after the Death of His Father Thomas Earl of Westmorland; 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.
Bp. Litch. & Cov. takes the Oaths.
Brownlowe Lord Bishop of Litchfield and Coventry took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.
Bill, pro sorma, read.
Hodie 1a vice lecta esc Billa, intituled, An Act for the better regulating Select Vestries.
The Lord Chancellor reported His Majestys Speech:
And the same being read by the Clerk;
Motion for an Address.
Ordered, That an humble Address be presented to His Majesty, To return His Majesty the Thanks of this House for His most Gracious Speech from the Throne.
To offer to His Majesty our most dutiful Congratulations on the Birth of another Prince; and to assure His Majesty, that every Addition to His domestick Happiness must always afford the highest Satisfaction to His faithful Subjects.
To express our grateful Sense of His Majestys Regard for our private Convenience, in not commanding us to an earlier Attendance; and to assure His Majesty of our Determination to give our Attention to the Establishment of useful Regulations of Law, and to the Extension of our Commercial Advantages.
Humbly to thank His Majesty for His Goodness in acquainting us from the Throne with the Restitution of Port Egmont and Falklands Island, and to express our Satisfaction in learning the Assurances which His Majesty has received of the pacific Disposition of Foreign Powers; and that His Majesty has no Reason to apprehend that the Peace which His Subjects at present enjoy will be disturbed by their being involved in the Calamities of War which continue to prevail in One Part of Europe.
To thank His Majesty for His Paternal Care, in recommending to us a due Vigilance in the Use of every Precaution to preserve this Country from that Country from which it has hitherto been our Happiness to remain free.
That we shall use our most diligent Endeavours to frame such Laws as may tend to supply the Defects and Remedy the Abuses which shall appear to have been introduced in any Branch of the various and extensive Concerns of this Country. That we acknowledge, with the warmest Gratitude, His Majestys Desire to promote the Welfare of His People, which appears in the gracious Assurance of His ready Concurrence in whatever may best contribute to the Attainment of those salutary Ends.
The Lords following were appointed a Committee to prepare an Address pursuant thereto; (videlicet),
Their Lordships, or any Five of them, to meer immediately, in the Princes 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 Duke of Beaufort reported from the Committee an Address, drawn by them, as follows; (videlicet)
Most Gracious Sovereign,
We Your Majestys most dutiful and loyal Subjects, the Lords Spiritual and Temporal, in Parliament assembled, return Your Majesty our humble Thanks for Your Most Gracious Speech from the Throne.
Permit Us, Sir, to offer to Your Majesty our most dutiful Congratulations on the happy Event of the Increase of Your Royal Family, by the Birth of another Prince, and to assure Your Majesty, that every Addition to Your Majestys Domestick Happiness, must always afford the highest Satisfaction to Your faithful Subjects.
We beg Leave to express to Your Majesty our most grateful Sense of Your Majestys Regard for our private Convenience, in not commanding us to an earlier Attendance; and to declare to Your Majesty Our Determination to give our most diligent Attention to the Promotion of the Domestick Interests of these Kingdoms, and the Extension of Our Commercial Advantages, by the Establishment of useful Regulations of Law.
We return Your Majesty our humble Thanks for Your Goodness and Condescention, in acquainting us, from the Throne, with the Restitution of Port Egmont and Falklands Island, on the Part of the King of Spain, and with the Assurances Your Majesty has received of the pacifick Disposition of Foreign Powers. We are made happy by learning that Your Majesty has no Reason to apprehend that the Peace which we at present enjoy, will be disturbed by our being any wise involved in the Calamities of War, which still unhappily prevail in One Part of Europe.
Your Majestys Paternal Care, in recommending to us a due Vigilance in the Use of every Precaution to preserve this Country from that most dreadful Contagion from which, under the Divine Providence, it has been hitherto our Happiness to remain free, calls for our sincere Acknowledgements, and commands our utmost Attention.
We beg Leave to assure Your Majesty, that our most diligent Endeavours shall be employed to frame such Laws as final in our Judgement, tend to supply the Detects, and remedy the Abuses, which may appear to have been introduced in any Branch of the various and extensive Concerns of this Country; and we look upon Your Majestys Gracious Assurance of Your ready Concurrence in whatever may best contribute to the Attainment of those salutary Ends, as a fresh Proof of that Desire which has constantly been shown by Your Majesty to promote the Welfare of Your People.
Which Address, being read by the Clerk, was agreed to by the House.
Ordered, That the said Address be presented to His Majesty by the whole House.
Ordered, That the Lords, with White Staves, do wait on His Majesty, humbly to know what Time His Majesty will please to appoint to be attended therewith.
Congratulatory Message to the Queen on the Birth ot a Prince.
Ordered, That a Message be sent from this House to the Queen, To convey to Her Majesty our most sincere Congratulations on the Birth of a Prince, and upon Her Majestys happy Recovery; and to assure Her Majesty of the Joy which we feel in this Addition to Her Domestick Happiness, and to the Security of the Protestant Succession in these Kingdoms.
Ordered, That the said Message be presented to Her Majesty, by the Earl of Waldegrave and the Lord Bruce.
Bp. of Landaff to preach on 30th January.
Ordered, That the Lord Bishop of Landaff be, and he is hereby desired, to preach before this House, on Thursday the 30th of this instant January, in the Abbey Church, Westminster.
V. Ligonier for a Divorce Bill.
Upon reading the Petition of Edward Viscount Ligonier, of the Kingdom of Ireland, praying Leave to bring in a Bill to dissolve his Marriage with Penelope Pitt his now Wife, and to enable him to marry again:
It is Ordered, That Leave be given to bring in a Bill, according to the Prayer of the said Petition.
Committee of Privileges.
Lords Committees appointed to consider of the Orders and Customs of this House, and Privileges of Parliament, and of the Peers of Great Britain, and Lords of Parliament:
Their Lordships, or any Seven of them, to meet on Monday next, at Ten oClock, in the House of Peers, and every Monday after; and to adjourn as they please.
Committee for the Journals.
Lords Sub-Committees appointed to consider of the Orders and Customs of this House, and of the Privileges of the Peers of Great Britain, and Lords of Parliament, and to peruse and perfect the Journals of this and former Sessions of Parliament:
Their Lordships, or any Three of them, to meet when, where, and as often, as they please.
Stoppages in the Streets, Order to prevent.
The House taking Notice, That there is such an Interruption by Hackney Coaches, Carts, and Drays, in the Streets and Passages leading to this House, that the Lords and others are frequently hindered from coming thereto:
It is thereupon Ordered, by the Lords Spiritual and Temporal, in Parliament assembled, That the High Steward of the City of Westminster, or his Deputy, together with the Justices of the Peace of the said City, shall, by their strict Care and Directions to the Constables and other Officers within their Jurisdiction, take special Order, that no empty Hackney Coaches be suffered to make any Stay between Whitehall and the End of Abingdon Street in Westminster, from Twelve of the Clock at Noon until Five of the Clock in the Afternoon of the same Day, during the Sitting of this Parliament; and that no Carriages, Drays, or Carts, be permitted to stop in the Streets and Passages between the End of Market-lane in Pall-Mall, and the End of Abingdon Street between the Hours aforesaid; or to pass through the Old Palace Yard from One of the Clock in the Afternoon, until One Hour after the Rising of this House, during the Sitting of this Parliament; and that all Carriages, Drays, or Carts, hereby permitted to pass through the said Streets and Passages, be obliged to go One after another, in the Manner following; (that is to say), All Carriages, Drays, or Carts, going towards Westminster, to keep on the Side of the Street or Passage next to Saint Jamess Park; and all those going the contrary Way, to keep on the other Side of the Street; and upon no Account whatsoever to presume to go Two or more a breast, during the Sitting of this Parliament; and herein special Care is to be taken by the said Deputy Steward, Justices of the Peace, Constables, and all other Officers herein concerned, as the contrary will be answered to this House: And it is further Ordered, That the High Bailiff of the City of Westminster and the Justices of the Peace for the City and Liberty thereof, or some of them residing in Westminster, be served with the Order of this House, made this Day, for the Purposes aforesaid.
Adjourn.
Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad et in diem Mercurii, vicesimum secundum diem instantis Januarii, hora undecima Auror, Dominis sic decernentibus.
Die Mercurii, 22o Januarii 1772.
Domini tam Spirituales quam Temporales prsentes fuerunt:
| Epus. Cestrien. | Ds. Apsley, Cancellarius. | Ds. Willoughby Par. |
| Epus. Litch. & Cov. | Dux Beaufort. | Ds. Boston. |
| Comes Hertford, Camerarius. | ||
| Comes Pembroke. | ||
| Comes Dartmouth. |
PRAYERS.
His Majesty to be attended with the address.
The Lord Chamberlain reported, That the Lords with White Staves had (according to Order) waited on His Majesty, humbly to know what Time His Majesty would please to appoint to be attended with their Lordships Address; and that His Majesty had appointed this Day at Half an Hour past Two oClock, at His Palace of Saint James.
Welby against D. Rutland.
Upon reading the Petition and Appeal of William Welby Esquire, complaining of an Order of the Court of Chancer of the 18th of June 1771; and praying, That the same may be reversed, 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 John Duke of Rutland may be required to answer the said Appeal:
It is Ordered, That the said John Duke of Rutland may have a Copy of the said Appeal, and do put in his Answer thereunto, in Writing, on or before Wednesday the 5th Day of February next; and Service of this Order on the Clerk in Court, for the said Respondent, in the said Court of Chancery, mail be deemed good Service.
Dewar et al. against MCulloch et al.
Upon reading the Petition and Appeal of James Dewar of Vogrie, John MCulloch Elder and John MCulloch Younger of Barholm Esquires, complaining of Two Interlocutors of the Lords of Session in Scotland, of the 25th of January and 3d of August 1771; and praying, That the same may be reversed, varied, or altered, or that the Appellants may have such ether Relief in the Premises as to this House, in their Lordships great Wisdom, shall seem meet; and that Jean MCulloch, and the other Heirs of Entail, may be required to answer the said Appeal:
It is Ordered, That the said Jean MCulloch and the other Heirs of Entail may have a Copy of the said Appeal, and do put in their Answer, or respective Answers thereunto, in Writing, on or before Wednesday the 19th Day of February next; and Service of this Order upon the said Respondents, or their known Counsel, Agent, or Solicitors, in the said Court of Session in Scotland, shall be deemed good Service.
Countess Dowager of Morton, et al. against E. Morton and Pringle.
Upon reading the Petition and Appeal of Bridges Countess Dowager of Morton, Sir Gilbert Heathcote, Baronet, and John Heathcote Esquire, Guardians to Mr. John Douglas, Second lawful Son of the deceased James Earl of Morton, and Samuel Mitchelson Clerk to the Signet, their Attorney, complaining of an Interlocutor of the Lords of Session in Scotland, of the 19th of June 1771; and praying, That the same may be reversed, varied, or altered, or that the Appellants may have such other Relief in the Premises as to this House, in their Lordships great Wisdom, shall seem just; and that Sholto Charles Earl of Morton, and Robert Pringle of Clifton, may be required to answer the said Appeal:
It is Ordered, That the said Sholto Charles Earl of Morton and Robert Pringle may have a Copy of the said Appeal, and do put in their Answer, or respective Answers thereunto, in Writing, on or before Wednesday the 19th Day of February next; and Service or this Order upon the said Respondents, or upon their respective known Counsel, Agents, or Solicitors, in the said Court of Session in Scotland, shall be deemed good Service.
Wauchope against MDowall et al.
Upon reading the Petition and Appeal of Andrew Wauchope Esquire of Niddrie, complaining of an Interlocutor of the Lords of Session in Scotland, of the 7th of February 1771; 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 John MDowall, Sir Archibald Hope, and John Wauchope, may be required to answer the said Appeal:
It is Ordered, That the said John Mac Dowall, Sir Archibald Hope, and John Wauchope, may have a Copy of the said Appeal, and do put in their Answer, or respective Answers thereunto, in Writing, on or before Wednesday the 19th Day of February next; and Service of this Order upon the said Respondents, or upon any of their known Agents or Counsel, in the said Court of Session in Scotland, shall be deemed good Service.
Perry et al. against Burrow, Writ of Error.
The House being moved, That a Day may be appointed for hearing Counsel to argue the Errors assigned upon the Writ of Error, wherein Edward Perry and others are Plaintiffs, and James Burrow Esquire, His Majestys Coroner, is Defendant:
It is Ordered, That this House will hear the said Errors argued by Counsel at the Bar, on the First vacant Day for Causes, after those already appointed.
Adjourn.
Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad et in diem Lun, vicesimum septimum diem instantis Januarii, hora undecima Auror, Dominis sic decernentibus.
Die Lunae, 27o Januarii 1772.
Domini tam Spirituales quam Temporales prsentes fuerunt:
PRAYERS.
Blood against Butler.
The Answer of Henry Butler Esquire, to the Appeal of Neptune Blood Esquire, was this Day brought in.
His Majestys Answer to Address reported.
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; (videlicet),
My Lords,
I thank you for this Loyal and Dutiful Address. I receive, with Pleasure, your Congratulations on the lncrease of My Family, and the Assurances of the Attention you will give to those Objects which I have recommended to you for the Publick Good. Nothing can be more acceptable to Me, than the Sense you express of My Desire to promote the Welfare of My People.
Ordered, That the said Address, together with His Majestys most Gracious Answer thereto, be forthwith printed and published.
The Queens Answer to congratulatory Message.
The Earl of Waldegrave acquainted the House, That he and the Lord Bruce had (according to Order) waited on Her Majesty, with their Lordships Message of Congratulation on the Birth of another Prince; to which Her Majesty was pleased to return the following most Gracious Answer; (videlicet),
My Lords,
This fresh Mark of your Duty to the King, and Attention to Me, claims my most sincere Thanks.
Scott against Straiton.
The Answer of George Straiton, to the Appeal of James Scott of Comieston Esquire, was this Day brought in:
Dickson against E. Hyndford et al.
As was also, the Answer of John Earl of Hyndford and others, to the Appeal of David Dickson of Kilhucho, Esquire.
V. Ligoniers Divorce Bill.
The Earl of Rochford (pursuant to an Order of Leave on Tuesday last) presented to the House a Bill, intituled, An Act to dissolve the Marriage of the Right Honourable Edward Viscount Ligonier with Penelope Pitt, 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 To-morrow Fortnight, and that Notice thereof be affixed on the Doors of this House, and the Lords summoned; and that the said Edward Viscount Ligonier 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 Penelope Pitt may have a Copy of the said Bill; and that Notice be given her of the said Second Reading; and that the be at Liberty to be heard, by her Counsel, what the may have to offer against the said Bill, at the same Time.
Bower, et al Petition refered to judges.
Upon reading the Petition of John Bower of Manchester, in the County of Lancaster, Esquire, and Betty Nutrall Bower his Wife; John Waterhouse of Northowram, in the County of York, Merchant; Charles Turner of Clegghall within the Parish of Rochdale, in the said County of Lancaster, Merchant; and Richard Hill of Lambeth in the County of Surry, Gentleman; praying Leave to bring in a Bill for Sale of Part of the Estate therein mentioned to pay Debts:
It is Ordered, That the Consideration of the said Petition be, and is hereby referred to the Lord Chief Baron of the Court of Exchequer and Mr. Justice Ashurst, who are forthwith to summon all Parties concerned in the Bill, and after hearing them, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands; and whether all Parties who may be concerned in the Consequences of the Bill, have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.
Cheap et al. against Aiton and Company.
Upon reading the Petition and Appeal of James Cheap of Leith Merchant, Thomas Cheap, Son of the James Cheap, and his Tutors and Curators, William Chep Merchant in Edinburgh, Margaret, Anne and Mary Cheap, Sisters of the deceased Thomas Cheap Merchant in London, Christian Cheap Spouse to Andrew Douglas Druggist in Edinburgh, and him for his Interest, John Hope Merchant in Edinburgh, Hary Cheap of Rossie, Catharine Cheap Spouse to Andrew Bell of Craigfoode, and him for his Interest, Isobel Cheap Relict of Hary Knox Merchant in, Dunbar, and Thomas Cheap, Son of the said Hary Cheap and his Tutors and Curators; complaining of Six Interlocutors of the Lord Ordinary in Scotland, of the 5th of July, 4th of August, 26th of November, 1st of December, 13th of December, and 24th of December 1768; as also of Two Interlocutors of the Lords of Session there, of the 2d and 11th of March 1769; and also of Two other Interlocutors of the said Lord Ordinary of the 1st and 21st of February 1770; and praying, That the same may be reversed or altered, or that the Appellants may have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, mall seem just; and that Andrew Aiton and Company may be required to answer the said Appeal:
It is Ordered, The said Andrew Aiton and Company 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 24th Day of February next; and that Service of this Order upon the said Respondents, or their known Agent, Solicitor, Counsel, or Procurator, before the said Court of Session in Scotland, shall be deemed good Service.
His Majestys Advocate against D. Gordon et al.
Upon reading the Petition of His Majestys Advocate for Scotland, Appellant in a Cause depending in this House, wherein His Grace the Duke of Gordon and others are Respondents; praying, In regard the Parties have settled by Arbitration the Matters in dispute, That the Appellant may withdraw the said Appeal, the Agent for the Respondents having signed the said Petition as consenting thereto:
Appeal with drawn.
It is Ordered, That the Appellant be at Liberty to withdraw his said Appeal, as desired.
Hogan against Jaques.
Upon reading the Petition of William Jaques, Defendant in a Writ of Error depending in this House wherein John Hogan is Plaintiff; setting forth, That the Plaintiff in Error hath not assigned Errors with in the Time limited by the Standing Order; and therefore praying, That the said Writ of Error may be non-profd, with such Costs us to their Lordships shall seem meet:
Writ of Error non-prosd, 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 Kings Bench, to the End Execution may be had upon the Judgement given by that Court, as if no such Writ of Error had been brought into this House; and it is further ordered, That the Plaintiff in Error do pay, or cause to be paid, to the said Defendant, the Sum of Twenty Pounds for his Costs, by Reason of the Delay of the Execution of the said Judgement.
Dickenson and another against Blake.
The House being moved, That a Day may be appointed for hearing the Cause wherein John Dickenson and another are (fn. 1) Appellants, and Patrick Blake 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.
Welby to enter into Recognizance on Welbys Appeal.
The House being moved, That William Welby of the Middle Templet London, Gentleman, may be permitted to enter into a Recognizance for William Welby Esquire, on Account of his Appeal depending in this House:
It is Ordered, That the said William Welby may enter into a Recognizance for the said Appellant, as desired.
Spottiswoode to enter into Recognizance on Countess Morions et al. Appeal:
The House being moved, That John Spottiswoode, of Northumberland Street, London, Gentleman, may be permitted to enter into a Recognizance for Bridges Countess Dowager of Morton and others, on Account of their Appeal depending in this House, they living in the Country:
It is Ordered, That the said John Spottiswoode may enter into a Recognizance for the said Appellants, as desired.
and on Dewars et al. Appeal.
The House being moved, That John Spottiswoode, of Northumberland Street, London, Gentleman, may be permitted to enter into a Recognizance for James Dewar, of Vogrie, Esquire, and others, on Account of their Appeal depending in this House, they living in Scotland:
It is Ordered, That the said John Spottiswoode may enter into a Recognizance for the said Appellants, as desired.
Dickenson and another against Blake; Pleadings proved.
The House being informed, That James Kelly, of the City of Dublin, attended, in order to deliver in Copies of Pleadings and Proceedings in the Cause wherein John Dickenson and another are Appellants, and Patrick Blake is Respondent:
He was called in, and delivered the same at the Bar; and attested upon Oath, They were true Copies, he having examined them with the Originals in the proper Offices in Ireland.
And then he withdrew.
Scott against Straiton.
The House being informed, That George Straiton, Respondent to the Appeal of James Scott 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 William Urquhart Writer to the Signet, of the due Service of the said Order, being read:
Ordered, That the said Respondent do put in his Answer to the said Appeal peremptorily in a Week.
Sinclair et el. against Sir William Dunbar et al.
The House being informed, That Sir William Dunbar and others, Respondents to the Appeal of John Sinclair Esquire and others, had not put in their Answer to the said Appeal, though duly served with the Order of this House for that Purpose;
And thereupon an Affidavit of John Taylor 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.
Campbell et al. against Hastie.
The House being informed, That John Hastic, Respondent to the Appeal of Patrick Campbell of Knap and others, had not put in their Answer to the said Appeal, though duly served with the Order of this House for that Purpose:
And thereupon an Affidavit of William Walker 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.
E. Rothes against Sir John Anstruther.
The House being informed, That Sir John Anstruther Baronet, Respondent to the Appeal of John Earl of Rothes, 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 George Andrew, 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.
Heylin against Mac Kercher.
The House being informed, That Daniel Mac Kercher, Respondent to the Appeal of Francis Heylin Clerk, had not put in his Answer to the said Appeal, though duly served with the Order of the House for that Purpose:
And thereupon an Affidavit of Ralph Andus Gentleman, 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.
Graham et al. against Lindsay et al.
The House being informed That William Lindsay and others, Respondents to the Appeal of John Graham and others, had not put in their Answer to the said Appeal, though duly served with the Order of this House for that Purpose:
And thereupon an Affidavit of William Wilson, 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.
Adjourn.
Dominus Cancellarius declaravit prsens parliamentum continuandum esse usque ad et in diem Martis, vicesimum octavum diem instantis Januarii, hora undecima Auror, Dominis sic decernentibus.
Die Martis, 28o Januarii 1772.
Domini tam Spirituales quam Temporales prsentes fuerunt:
PRAYERS.
Peacock against Mac Kercher.
The Answer of Daniel Mac Kercher to the Appeal of Francis Heylin Peacock Esquire was this Day brought in:
Graham against Lindsay et al.
As was also, The Answer of William Lindsay and others to the Appeal of John Graham:
Dewar et al. against Mac Culloch et al.
And also, The Answer of Jean Mac Culloch and others to the Appeal of James Dewar and others:
Dunbar et al. against Sinclair, Cross Appeal.
And also, The Answer of John Sinclair of Freswick Esquire, to the Cross Appeal of Sir William Dunbar of Hempriggs Baronet, and others.
Draper, for a Divorce Bill.
Upon reading the Petition of Richard Draper; praying Leave to bring in a Bill to dissolve his Marriage with Elizabeth Hartnell 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 read.
Whereupon, The Lord Sandys presented to the House a Bill, intituled, An Act to dissolve the Marriage of Richard Draper with Elizabeth Hartnell 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 Wednesday the 12th Day of February next, and that Notice thereof be affixed on the Doors of this House, and the Lords summoned, and that the said Richard Draper 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 Elizabeth Hartnell may have a Copy of the said Bill, and that Notice be given her of the said Second Reading, and that me be at Liberty to be heard by her Counsel what she may have to offer against the said Bill at the same Time.
East india Goods and Naval Stores 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 several Acts of Parliament, the Return of the said Commissioners, with the following Accounts; (videlicet),
No. 1. An Account of Prohibited East India Goods brought into St. Hellenes Warehouses, in the Port of London, from Michaelmas 1770 to Michaelmas 1771; also what exported during that Time, and what remained in the said Warehouses at Michaelmas 1771.
2. An Account of Prohibited East India Goods brought into Leadenhall Warehouses, in the Port of London, from Michaelmas 1770 to Michaelmas 1771; also what exported during that Time, and what remained in the said Warehouses at Michaelmas 1771.
3. An Account of Prohibited East India Goods remaining in His Majestys Warehouses, in the Port of London, at Michaelmas 1770; what since has been brought in, what exported, as also what remained at Michaelmas 1771.
4. An Account of East India Goods, prohibited to be worn in this Kingdom, in the respective Warehouses in the Out Ports at Michaelmas 1770; what have been since brought in, what exported, as also what remained act Michaelmas 1771.
5. An Account of Prohibited East India Goods which have been delivered out of the Warehouses at St. Hellens, Leadenhall, Billiter Lane, and Custom House, in the Port of London, since Michaelmas 1770, in order to be dyed, glazed, and refreshed; what have been returned, and what remained out at Michaelmas 1771.
6. An Account of Naval Stores imported from Russia into the Port of London, from Michaelmas 1770 to Michaelmas 1771.
7. An Account of Naval Stores imported from Russia into the Ports of England commonly called The Out Ports, from Michaelmas 1770 to Michaelmas 1771.
An Account of the Number of Ships which have been employed in the Whale Fishery to Daviss Streights and the Greenland Seas, with their respective Names and Burthens, from whence they were fitted out, and at what Port in Great Britain they were discharged; and also, what Quantity of Oil or Whale Fins each Ship has imported in the Year 1771.
An Account of all Corn, Grain, Meal, Malt, Flour, Bread, Biscuit, and Starch, exported from England to any Place whatsoever, by virtue or in pursuance of any of the Liberties or Powers given or granted for that Purpose, by an Act, passed in the last Session, to prohibit the Exportation thereof, continued from last Account; (videlicet), from the 10th of October 1770 exclusive, to the 10th of October 1771 inclusive.
And then they withdrew.
And the Titles thereof being read by the Clerk,
Ordered, That the said Accounts do lie on the Table.
Dickenson and another against Blake; Pleadings proved.
The House being informed, That Mr. Henry Macnamara attended, in order to deliver in Copies of Pleadings and Proceedings in the Cause wherein John Dickenson and another are Appellants, and Patrick Blake is Respondent:
He was called in; and delivered the same at the Bar, and attested upon Oath, They were true Copies, he having examined them with the Originals in the proper Offices in Ireland.
And then he withdrew.
Panter and Turner against His Majestys Attorney General.
Upon reading the Petition and Appeal of William Panter and William Turner, complaining of an Order of the Court of Exchequer, of the 5th of July 1771; and praying, That the same may be reversed, and the Information dismissed, 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 His Majestys Attorney General may be required to answer the said Appeal:
It is Ordered, That His Majestys Attorney General may have a Copy of the said Appeal, and do put in his Answer thereto, in Writing, on or before Tuesday the 11th Day of February next.
Cochran to enter into Recognizance on Wauchopes Appeal.
The House being moved, That William Cochran may be permitted to enter into a Recognizance for Andrew Wauchope Esquire of Niddrie, on Account of his Appeal depending in this House, he living in Scotland:
It is Ordered, That the said William Cochran may enter into a Recognizance for the said Appellant as desired.
Scott against Straiton.
The House being moved, That a Day may be appointed for hearing the Cause wherein James Scott of Comieston Esquire is Appellant, and George Straiton 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.
Dewar against Mculloch et al.
The House being moved, That a Day may be appointed for hearing the Cause wherein James Dewar of Vogrie Esquire is Appellant, and Jean MCulloch 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.
Peacock against Mac Kercher.
The House being moved, That a Day may be appointed for hearing the Cause wherein Francis Heylin Peacock Esquire is Appellant, and Daniel Mac Kercher 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.
Adjourn.
Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad et in diem Jovis, tricesimum diem instantis Januarii, hora decima Aurors, Dominis sic decernentibus.
Die Jovis, 30o Januarii 1772.
Domini tam Spirituales quam (fn. 2) Temporales prsentes fuerunt:
| Epus. Londin. | Ds. Apsley, cancellarius. |
| Epus.Carliol. | |
| Epus. Landaven. | |
| Epus. Petriburg. | |
| Epus. Litch. & Cov. |
PRAYERS.
Randall against Russell et al.
Upon reading the Petition and Appeal of William Randall Esquire, complaining of a Decree of the Court of Chancery of the 4th of May 1771; and praying, That the same may be reversed, and such Order made for the Appellants Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that Metcalfe Russell, Lascelles Metcalfe, and Sylvanus Grove, may be required to answer the said Appeal:
It is Ordered, That the said Metcalfe Russell, Lascelles Metcalfe, and Sylvanus Grove, may have a Copy of the said Appeal, and do put in their Answer, or respective Answers, thereunto, in Writing, on or before Thursday the 13th Day of February next.
Ray to enter into Recognizance On Cheaps et al. Appeal.
The House being moved, That James Ray, of Chandos Street, Covent Garden, may be permitted to enter into a Recognizance for James Cheap of Leith Merchant, and others, on Account of their Appeal depending in this House, they residing in Scotland:
It is Ordered, That the said James Ray may enter into a Recognizance for the said Appellants, as desired.
Then, in order to solemnize this Day, being appointed, by Act of Parliament, to be observed as a Day of Fasting and Humiliation, for the Martyrdom of King Charles the First:
Adjourn.
Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad et in diem Veneris, tricesimum primum diem instantis Januarii, hora undecima Auror, Dominis sic decernentibus.
Die Veneris, 31o Januarii 1772.
Domini tam Spirituales quam Temporales prsentes fuerunt:
PRAYERS.
Thanks to the Bp. of 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 Yesterday, in the Abbey Church Westminster; and that he be desired to cause the same to be forthwith printed and published.
E. Pomfret et Ux against Smith et al.
Upon reading the Petition and Appeal of the Right Honourable George Earl of Pomfret and Anna Maria Countess of Pomfret his Wife, complaining of several Orders of the Court of Chancery, of the 13th of June, 2d of July, 9th of July, 18th of July, and Two of the 17th Day of December 1771; and praying, That the same might be set aside, and that Thomas Smith, Leonard Hartley, John Parke, and Ralph Parke, may be required to answer the said Appeal:
It is Ordered, That the said Thomas Smith, Leonard Hartley, John Parke, and Ralph Parke, 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 14th Day of February next.
Kemick and Skey against Hudson et al.
Upon reading the Petition and Appeal of Matthew Kenrick Esquire, One of the Defendants in the Original and the Plaintiff in the Cross Cause, and John Skey, a Defendant in the Original Cause, complaining of a Decree of the Court of Chancery, of the 11th Day of May 1771; and praying, That the same may be set aside, varied, or altered, as to their Lordships, in their great Wisdom, shall seem meet; and that John Hudson, Frederick Rogers, and Catharine his Wife, Solomon Durell, James Dauvergne, and Philip Dumaresque, may be required to answer the said Appeal:
It is Ordered, That the said John Hudson, Frederick Rogers and Catharine his Wife, Solomon Durell, James Dauvergne, and Philip Dumaresque, 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 14th Day of February next.
Sir John Colleton, for a Divorce Bill.
Upon reading the Petition of Sir John Colleton Baronet; praying Leave to bring in a Bill to dissolve his Marriage with Ann Fullford 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.
Writ of Error; Green against Trinder and Green.
The Lord Mansfield, Lord Chief Justice of the Court of Kings Bench, in the usual Manner, delivered in at the Table a Writ of Error, wherein James Green is Plaintiff, and David Trinder and William Green are Defendants.
L. Milton against Edgworth et al.
Upon reading the Petition and Appeal of the Right Honourable Joseph Lord Milton, complaining of an Order of the Court of Exchequer in Ireland, of the 25th of November 1771; and praying, That the same may be reversed, 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 Moore Edgworth, Darner Edgworth, and John Magill, may be required to answer the said Appeal:
It is Ordered, That the said Moore Edgworth, Damer Edgworth, and John Magill, 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 6th Day of March next; and Service of this Order upon the said Respondents, their Solicitors, or Clerks, in the said Court of Exchequer in Ireland, shall be deemed good Service.
Scott against L. Falconar et al. et e con.
After hearing Counsel in Part, in the Cause wherein John Scott of Brotherson Esquire is Appellant, and William Lord Falconar of Halkerton and others are Respondents, et e contra:
It is Ordered, That the further Hearing of the said Cause be adjourned till Monday next.
Causes put off.
Ordered, That the Hearing of the Cause which stands appointed for Monday next, be put off to Wednesday next; and that the Rest of the Causes on Cause Days, be removed in Course.
Duncans and Steven against Fouke and Stormonth.
Upon reading the Petition and Appeal of Margaret and Elizabeth Duncans, Daughters of the deceased Thomas Duncan, some Time in Boghead, youngest Brother of the deceased Mr. David Duncan, late Rector of Daynton, and John Steven in Arbroath, Husband to the said Margaret, for his Interest, complaining of Three Interlocutors of the Lords of Session in Scotland, of the 15th of November 1769, and 2d of February and 11th of August 1770; and praying, That the same may be reversed, varied, or altered, or that the Appellants may have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem just; and that Francis Fouke and James Stormonth his Attorney may be required to answer the said Appeal:
It is Ordered, That the said Francis Fouke and James Stormonth 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 28th Day of February next; and Service of this Order upon their known Procurators or Agents, in the said Court of Session in Scotland, shall, be deemed good Service.
Alexander against Chrystie.
Upon reading the Petition and Appeal of Robert Alexander Esquire, Merchant in Edinburgh, complaining of Two Interlocutors of the Lords of Session in Scotland, of the 20th of December 1766, and nth of February 1767; and praying, That the same maybe reversed, and 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 James Chrystie may be required to answer the said Appeal:
It is Ordered, That the said James Chrystie may have a Copy of the said Appeal, and do put in his Answer thereto, in Writing, on or before Friday the 28th Day of February next; and Service of this Order upon any of the Procurators or Agents of the said Respondent, in the said Court of Session in Scotland, shall be deemed good Service.
Adjourn.
Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad et in diem Lun, tertium diem Februarii jam prox. sequen. hora undecima Auror, Dominis sic decernentibus.