House of Lords Journal Volume 33
December 1772, 1-10

Sponsor

History of Parliament Trust

Publication

Year published

1767-1830

Pages

468-477

Annotate

Comment on this article
Double click anywhere on the text to add an annotation in-line

Citation Show another format:

'House of Lords Journal Volume 33: December 1772, 1-10', Journal of the House of Lords volume 33: 1770-1773 (1767-1830), pp. 468-477. URL: http://www.british-history.ac.uk/report.aspx?compid=113571 Date accessed: 20 October 2014.


Highlight

(Min 3 characters)

Contents

Die Mercurii, 2o Decembris 1772.
His Majesty’s Answer to Address reported. L Conyngham against Attorney General in Ireland et al. Bond to enter into Recognizance on Kennion’s Appeal. Spottiswoode to enter into Recognizance on Coltart’s Appeal. M. Tweedale against Hay. Sir George Booth against Wright et al. Countess Dowager Morton et al. against E. Morton. Sir Robert Staples et al. against Maurice. Adjourn. Die Jovis, 3o Decembris 1772.
Wheat, &c. to allow the Importation of, from Europe and Africa, Bill. Wheat, &c to allow the Importation of, from America, Bill. Wheat, &c. to allow the Importation of, from Europe and Africa, Bill, read Three Times, and passed. Message to H. C. that the Lords have agreed to it. Wheat, &c. to allow the Importation of, from America, Bill, read Three Times, and passed. Message to H. C. that the Lords have agreed to it. Petitions for Private Bills, Time limited. East India Goods, Naval Stores, Coin, &c. exported, and Ships employed in the Whale Fishery, Accounts delivered. Lane to enter into Recognizance on Sir Kobt. Staples et al. Appeal. Angus against Manson. Cusack et Ux. against Gilbert et e con. Randall against Russell et al. Cusack et Ux. against Gilbert et e con. Petition to revive the Cross, Appeal. Adjourn. Die Veneris, 4o Decembris 1772.
King present. Bills passed. E. Rothes against Sir John Anstruther. Bucknall against Berridge; Writ of Error. Burton et al against Lane. Sir Thomas Broughton against Errington et al. Blood against Butler; Petition to amend Appeal. Duncans, and Steven against Fouke pud Stormont; Petition to amend Appeal. Wauchope against Macdowal et al. Adjourn. Die Lunæ, 7o Decembris 1772.
Ergas against Moore and Townsend, in Error. E. Rothes against Sir John Anstruther. Interlocutors affirmed. Morier for a Nat. Bill. Bill read. Charteris et al. Petition referred to Judges. L. Conyngham against Attorney General in Ireland, et al. Appeal withdrawn with Costs. Spottiswoode to enter into Recognizance on Angus’s Appeal. St. Clair against Nimmo et al. Appeal withdrawn. Welby against D. Rutland. Cheap et al. against Alton and Co. Adjourn. Die Jovis, 10o Decembris 1772.
Kennion against Gardner et al. Corn, &c. to prohibit the Exportation of, Bill. Salted Provisions, to allow the Importation of, Bill. Tallow, &c. to discontinue the Duties on the Importation of, Bill. D’ Aigremont’s Nat. Bill. Vidal et al. Nat. Bi11. Corn, &c. to prohibit the Expectation of, Bill. Salted Provisions, to allow the Imputation of, Bill. Tallow, &c. to discontinue the Duties on the Importation of, Bill. E. Hopetoun and L. Hope, Petition referred to Judges. Laurie against Laurte and Mac Ghie. Livingstone, against War rock. E. Fife et al. against Sir Ludovick Grant et al. Bruce against Carstairs. Bane et al. against Countess and E. Moray. Magistrates of Rutherglen against Cullen et al. Donaldsons against Becket et al. Cooke against Hungerford in Error. Hay against M. Tweedale; Hearing appointed ex-parte. Morier Nat. Bill. Adjourn. Footnotes

Die Mercurii, 2o Decembris 1772.

Domini tam Spirituales quam Temporales Præsentes fuerunt:

Epus. Carliol.Ds. Apsley, Cancellarius.Ds. Willoughby par.
Epus. Cestrien.Comes Gower, Præses.Ds. Cathcart.
Epus. Litch. & Cov.Dux Athol.Ds. Masham.
Comes Suffolk.Ds. Edgecumbe.
Comes Peterborough.Ds. Hyde.
Comes Rochford.Ds. Boston.
Comes Abercorn.
Comes Marchmont.
Comes Orford.
Comes Northington.
Viscount Falmouth.

PRAYERS.

His Majesty’s Answer to Address reported.

The Lord Chancellor reported, That the House did on Friday 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 dutiful and affectionate Address.

The Zeal you express in it for the Honour of My Crown and the Rights and Interests of My People, gives Me the highest Satisfaction.

I firmly rely that all your Deliberations will tend to such Measures as shall be most conducive to the great Objects you have before you: Among these, I am sure, you will not forget to provide for the Distresses of the Poor, as far as it is in the Power of human Wisdom to alleviate them.”

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

L Conyngham against Attorney General in Ireland et al.

The House being moved, “That a Day may be appointed for hearing the Cause wherein Henry Lord Viscount Conyngham of the Kingdom of Ireland is Appellant, and Philip Tisdall Esquire, His Majesty’s Attorney General in Ireland, 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.

Bond to enter into Recognizance on Kennion’s Appeal.

The House being moved, “That William Bond of London Merchant may be permitted to enter into a Recognizance for John Kenmon Esquire, on Account of his Appeal depending in this House, he reading in the Country:”

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

Spottiswoode to enter into Recognizance on Coltart’s Appeal.

The House being moved, “That John Spottiswoode of Northumberland Street Gentleman may be permitted to enter into a Recognizance for John Coltart of Arceming, on Account of his Appeal depending in this House, he living in Scotland:”

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

M. Tweedale against Hay.

The House being informed, “That George Marquis of Tweedale, Respondent to the Appeal of Robert Hay 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 James Keay 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.

Sir George Booth against Wright et al.

The Answer of John Wright, eldest Son and Heir at Law and Devisee of William Wright deceased, and others, to the Appeal of the Reverend Sir Geo ge Booth Baronet, was this Day brought in.

The House being moved, “That a Day may be appointed for hearing the Cause wherein Sir George Booth Baronet is Appellant, and John Wright 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.

Countess Dowager Morton et al. against E. Morton.

Upon reading the Petition of Sholto Charles Earl of Morton, Respondent in a Cause depending in this House, to which Bridget Countess Dowager of Morton and others are Appellants; setting forth, “That the Appellants thought proper to appeal to their Lordships against an unanimous Judgement of the Court of Session in Scotland in Favour of the Petitioner, and proceeding on the Construction of an Act of Parliament, and on the Death-bed-Law of Scotland, which are peculiar to that Part of the United Kingdom; and His Majesty’s Advocate for Scotland having been prepared on the Part of the Petitioner to plead this Cause before their Lordships in the End of the last Session, when there was a Probability that the same would have come on; as the Cause now stands high up in the Roll, and as the Questions in Issue between the Parties are mere Matter of Scots Law, as Lord Advocate does not come up till after Christmas, and as the Appellants can suffer nothing by a short Delay,” the Petitioner therefore prays their Lordships “To put off the Hearing of this Cause to the First Cause Day after the approaching Recess:”

It is Ordered, That the Hearing of the said Cause be put off till the First Cause Day after the Recess at Christmas.

Sir Robert Staples et al. against Maurice.

Upon reading the Petition and Appeal of Sir Robert Staples Baronet, Grace Staples, and John Staples, Executors of Thomas Staples Clerk, who was surviving Executor of Sir Alexander Staples, complaining of a Decree of the Court of Exchequer in Ireland, of the 20th Day of July last; and praying, That the same may be reversed, 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 Mary Margaretta Maurice Spinster may be required to Answer the said Appeal:”

It is Ordered, That the said Mary Margaretta Maurice may have a Copy of the said Appeal, and do put in her Answer thereunto, in Writing, on or before Wednesday the 6th Day of January next; and that Service of this Order on the said Respondent, or upon her Clerk in Court in the said Court of Exchequer in Ireland, shall be deemed good Service.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, tertium diem instantis Decembris, hora undecima Auroræ, Dominis sic decernentibus.

Die Jovis, 3o Decembris 1772.

Domini tam (fn. 1) Spirituales quam Temporales præsentes fuerunt:

Epus. Litck. & Cov.Ds. Apsley Cancellarius.Ds. Willoughby Br.
Comes Abercorn.Ds. Boston.
Comes Marchmont.
Comes Buckinghamshire.

PRAYERS.

Wheat, &c. to allow the Importation of, from Europe and Africa, Bill.

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

With a Bill, intituled, “An Act for allowing the Importation of Wheat, Wheat-Flour, Rye, Rye-Meal, Barley-Meal, Oats, Oat-Meal, Pease, Beans, Tares, Callivancies, and all other Sorts of Pulse, from any Part of Europe or Africa, into this Kingdom, for a limited Time, free of Duty;” to which they desire the Concurrence of this House.

Wheat, &c to allow the Importation of, from America, Bill.

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

With a Bill, intituled, “An Act for allowing the Importation of Wheat, Wheat-Flour, Indian Corn, Indian Meal, Biscuit, Peas, Beans, Tares, Callivancies, and all other Sorts of Pulse, from His Majesty’s Colonics in America into this Kingdom, for a limited Time, free of Duty;” to which they desire the Concurrence of this House.

Wheat, &c. to allow the Importation of, from Europe and Africa, Bill, read Three Times, and passed.

Hodie 1a, 2a, & 3a vice lecta est Billa, intituled, “An Act for allowing the Importation of Wheat, Wheat-Flour, Rye, Rye-Meal, Barley-Meal, Oats, Oat-Meal, Pease, Beans, Tares, Callivancies, and all other Sorts of Pulse, from any Part of Europe or Africa, into this Kingdom, for a limited Time, free of Duty.”

The Question was put, “Whether this Bill shall pass?”

It was resolved in the Affirmative.

Message to H. C. that the Lords have agreed to it.

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

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

Wheat, &c. to allow the Importation of, from America, Bill, read Three Times, and passed.

Hodie 1a, 2a, & 3a, vice lecta est Billa, intituled, “An Act for allowing the Importation of Wheat, Wheat-Flour, Indian Corn, Indian Meal, Biscuit, Peas, Beans, Tares, Callivancies, and all other Sorts of Pulse, from His Majesty’s Colonies in America, into this Kingdom, for a limited Time, free of Duty.”

The Question was put, “Whether this Bill shall pass?”

It was resolved in the Affirmative.

Message to H. C. that the Lords have agreed to it.

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

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

Petitions for Private Bills, Time limited.

Ordered, That this House will not receive any Petition for a Private Bill after Friday the 5th Day of February next.

East India Goods, Naval Stores, Coin, &c. exported, and Ships employed in the Whale Fishery, 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. Hellens Warehouses, in the Port of London, from Michaelmas 1771 to Michaelmas 1772; also, what exported during that Time, and what remained in the said Warehouses at Michaelmas 1772.”

“2. An Account of prohibited East India Goods brought into Leadenhall Warehouses, in the Port of London, from Michaelmas 1771 to Michaelmas 1772; also, what exported during that Time, and what remained in the said Warehouses at Michaelmas 1772.”

“3. An Account of East India prohibited Goods remaining in His Majesty’s Warehouse in the Port of London at Michaelmas 1771, what have been since brought in, what exported; as also, what remained at Michaelmas 1772.”

“4. An Account of East India Goods prohibited to be worn in this Kingdom, in the respective Warehouses in the Out Ports, at Michaelmas 1771, what have been since brought in, what exported; as also, what remained at Michaelmas 1772.”

“5. An Account of prohibited East India Goods which have been delivered out of the Warehouses at Saint Hellens, Leadenhall, Billiter Lane, and the Custom House, in the Port of London, since Michaelmas 1771, in order to be dyed, glazed, and refreshed, what have been returned, and what remained out at Michaelmas 1772.”

“6. An Account of Naval Stores imported from Russia into the Port of London, from Michaelmas 1771 to Michaelmas 1772.”

“7. An Account of Naval Stores imported from Russia into the Ports of England, commonly called the Out Ports, from Michaelmas 1771 to Michaelmas 1772.”

“8. An Account of the Number of Ships which have been employed in the Whale Fishery, to Davis’s Streights and the Greenland Seas, with their respective Names and Burthens, from whence they were fitted out, and at what Port in Great Britain they were discharged; also, the Number of Whales, Seals, and Quantity of Blubber, imported by each Ship in the Year 1772.”

“9. 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 last Session, to prohibit the Exportation thereof, continued from last Account; viz. from the 10th of October 1771 exclusive, to the 10th of October 1772 inclusive.”

And then they withdrew.

And the Titles thereof being read by the Clerk:

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

Lane to enter into Recognizance on Sir Kobt. Staples et al. Appeal.

The House being moved, “That John Lane of the Parish of Saint Paul Covent Garden Gentleman, may be permitted to enter into a Recognizance for Sir Robert Staples Baronet and others, on Account of their Appeal depending in this House, they residing in Ireland:”

It is Ordered, That the said John Lane may enter into a Recognizance for the said Appellants, as desired.

Angus against Manson.

Upon reading the Petition and Appeal of John Angus Merchant in Edinburgh, complaining of Two Interlocutors of the Lords of Session in Scotland, of the 17th Day of July 1771, and 19th Day of February last; 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 Thomas Manson Writer (Attorney) in Edinburgh, may be required to Answer the said Appeal:

It is Ordered, That the said Thomas Manson may have a Copy of the said Appeal, and do put in his Answer thereunto, in Writing, on or before Thursday the 31st Day of this instant December, and that Service of this Order upon the said Respondent, or upon his known Counsel, Agent, or Solicitor, before the said Court of Session in Scotland, mall be deemed good Service.

Cusack et Ux. against Gilbert et e con.

Upon reading the Petition of Forde Gilbert, Heir at Law and Administrator of Robert Gilbert deceased, Respondent in a Cause depending in this House, wherein James Cusack and his Wife are Appellants, which stands appointed for hearing; setting forth, “That the several Papers from Ireland, in this Cause, have not yet been delivered at the Bar of the House, the Messenger who brought them being obliged to return to Ireland, but is now coining from thence, in order to deliver the same;” and therefore praying, “In regard the Petitioner cannot be prepared so soon as the said Cause stands at present for healing, that the Hearing thereof may be put off till after the Recess at Christmas, the Appellants Agent having signed the said Petition, as consenting thereto:”

It is Ordered, That the Hearing of the said Cause be put off to the Second Cause Day after the Recess at Christmas.

Randall against Russell et al.

Ordered, That the Hearing of the Cause wherein William Randall Esquire is Appellant, and Metcalfe Russell and others are Respondents, which stands appointed for Monday next, be put off to Monday the 14th Day of this instant December.

Cusack et Ux. against Gilbert et e con. Petition to revive the Cross, Appeal.

Upon reading the Petition of Forde Gilbert, Son and Heir at Law and Administrator of Robert Gilbert deceased, Respondent in a Cause depending in this House, wherein James Cusack and his Wife are Appellants, which stands appointed for hearing; setting forth, “That the Petitioner’s late Father presented a Cross Appeal against other Parts of the Decree complained of in the original Appeal, but the same is become abated by his Death;” and therefore praying, “That the said Cross Appeal may be revived in the Name of the Petitioned; and that the said James Cusack and his Wife may be required to put in their Answer to the said Cross Appeal; and that the same may be heard at the same Time with the original Appeal:”

It is Ordered, That the said Cross Appeal do stand revived against the said James Cusack and his Wife, as desired; and that they do put in their Answer or respective Answers thereunto, in Writing, on or before Thursday the 7th Day of January next; and that the said Cross Appeal be heard at the same Time with the original Appeal.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, quartum diem instantis Decembris, hora undecima Auroræ, Dominis sic decernentibus.

Die Veneris, 4o Decembris 1772.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Archiep. Cantuar.Ds. Apsley, Cancellarius.Ds. Willoughby Far.
Epus. Cestrien.Comes Gower, Præses.Ds. Cathcart.
Epus. Litch. & Cov.Dux Athol.Ds. Cadogan.
Dux Ancaster, Magnus Camerarius.Ds. Edgecumbe.
Comes Talbot, Senescallus.Ds. Boston.
Comes Suffolk.
Comes Northampton.
Comes Scarbrough.
Comes Abercorn.
Comes Marchmont.
Comes Bucks.
Comes De Lawarr.
Comes Northington.
Viscount Bolingbroke.
Viscount Falmouth.

PRAYERS.

The House was adjourned during Pleasure to robe.

The House was resumed.

King present.

His Majesty being seated on the Throne, adorned with His Crown and Regal Ornaments, and attended by His Officers of State, (the Lords being in their Robes), commanded the Gentleman Usher of the Black Rod to let the Commons know, “It is His Majesty’s Pleasure they attend Him immediately in this House:”

Who being come, with their Speaker,

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

Bills passed.

“1. An Act for allowing the Importation of Wheat, Wheat-Flour, Rye, Rye-Meal, Barley-Meal, Oats, Oat-Meal, Peas, Beans, Tares, Callivancies, and all other Sorts of Pulse, from any Part of Europe or Africa into this Kingdom for a limited Time, free of Duty.”

“2. An Act for allowing the Importation of Wheat, Wheat-Flour, Indian Corn, Indian Meal, Biscuit, Peas, Beans, Tares, Callivancies, and all other Sorts of Pulse, from His Majesty’s Colonies in America into this Kingdom for a limited Time, free of Duty.”

To these Bills the Royal Assent was pronounced, severally, by the Clerk Assistant in these Words (videlicet),

“Le Roy le veult.”

Then His Majesty was pleased to retire, and the Commons withdrew.

The House was adjourned during Pleasure to unrobe.

The House was resumed.

E. Rothes against Sir John Anstruther.

After hearing Counsel in Part in the Cause, wherein John Earl of Rothes is Appellant, and Sir John Anstruther Baronet is Respondent:

It is Ordered, That the further Hearing of the said Cause be put off till Monday next.

Bucknall against Berridge; Writ of Error.

The House being moved, “That a Day may be appointed for hearing Counsel to argue die Errors assigned upon the Writ of Error, wherein Benjamin Bucknall is Plaintiff, and Elizabeth Berridge Widow 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.

Burton et al against Lane.

The House being moved, “That a Day may be appointed for hearing the Cause, wherein William Burton and others are Appellants, and William Lane Esquire 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.

Sir Thomas Broughton against Errington et al.

The House being moved, “That a Day may be appointed for hearing the Cause, wherein Sir Thomas Broughton Baronet is Appellant, and Henry Errington Esquire 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.

Blood against Butler; Petition to amend Appeal.

Upon reading the Petition of Neptune Blood Esquire, Appellant in a Cause depending in this House, to which Henry Butler Esquire is Respondent; setting forth, “That the Petitioner Preserred his Appeal to their Lordships on the 4th of March 1771, complaining of a Decretal Order of the Court of Exchequer in Ireland of the 12th of November 1770; to, which Appeal the Respondent put in his Answer the last Session of Parliament; that the Petitioner is advised to amend his Appeal, by adding Three other Orders of the said Court of the 4th, nth, and 16th Days of February 1771; which Orders, though antecedent to the Appeal, the Petitioner’s Agent had not Notice of before such Appeal was presented;” and therefore praying their Lordships, That he may be at Liberty to amend his said Appeal, by inserting the said Three several Orders, the Petitioner amending the Respondent’s Copy:”

It is Ordered, That the Petitioner be at Liberty to amend his said Appeal, by inserting the said Three several Orders of the 4th, 11th, and 16th of February 1771, as desired, he amending the Respondent’s Copy.

Duncans, and Steven against Fouke pud Stormont; Petition to amend Appeal.

Upon reading the Petition of Margaret and Elizabeth Duncans, and John Steven, Husband to the said Margaret, for his Interest, Appellants in a Cause depending in this House to which Francis Fouke, and James Stormont his Attorney, are Respondents, which stands appointed for hearing; setting forth, “That the Question between the Parties arises upon the Construction of the last Will of David Duncan; and the Subject in Dispute being claimed, first, by Margaret and Helen Duncans, his Nieces by his elder Brother John; secondly, the Appellant’s Nieces by his younger Brother Thomas; thirdly, the Respondents in the Right of Patrick his Nephew by his younger Brother Thomas; the same was tried in an Action of Multiple Poinding, (in the Nature of an Interpleader), brought by James Denniston, Lilias Stirling, and William Stewart, the Executors of Margaret Duncan, the Testator David Duncan’s Widow, who, by her Husband’s Will, had a Life-Estate in the Subject of Dispute; that Margaret and Helen insisted for some Time in a Plea of Preference, but the Court having given an Interlocutor unfavourable to their Plea, they seem to have acquiesced therein, and the Competition then went on between the Appellants and Respondents; but as the said Margaret and Helen were Parties in the original Action, the Petitioners are advised it will be necessary to make them, as well as the Executors of Margaret Duncan’s Will, Parties to the Appeal;” and therefore praying, their Lordships, “That they may be at Liberty to amend their said Appeal, by making the said Margaret and Helen Duncans, William Pyot and Walter Jamieson their Husbands for their Interests, and the said James Denniston, Lilias Stirling, and William Stewart, Respondents thereto; and that they may be required to Answer the same, the Petitioners amending the Respondents Copy:”

It is Ordered, That the Petitioners be at Liberty to amend their said Appeal, by making the said Margaret and Helen Duncans, William Pyot and Walter Jamieson their Husbands for their Interests, and the said Jamas Denniston, Lilias Stirling, and William Stewart, Respondents thereto, as desired; and that they do put in their Answer, or respective Answers thereunto, in Writing, on or before Friday the 1st Day of January next.”

Wauchope against Macdowal et al.

A Petition of John Macdowal, Sir Alexander Hope Baronet, and John Wauchope, Respondents in a Cause depending in this House, to which Andrew Wauchope is Appellant, which stands appointed for hearing, was presented and read; setting forth, “That the Right of Communication to a Coal Level, being the Question in Issue between the Parties, and the same depending on the Law and Usage of Scotland, in the like Cases; the Petitioner had instructed and prepared Henry Dundas Esquire, His Majesty’s Solicitor General of Scotland, to plead this Cause last Sessions of Parliament before their Lordships; but the Cause having then gone off; and the Duty of Mr. Solicitor’s Office necessarily detaining him in Scotland during the Sitting of the Court of Session for the present Term, and as a Delay can be attended with no bad Consequence to either Party (the Communication of the Level having been long ago given of Consent to both Parties);” the Petitioners humbly pray their Lordships “To put off the Hearing of this Cause to any bye or fixed Day after the 12th of March (when the Court of Session rises), as to their Lordships shall seem proper.”

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

And being withdrawn;

Ordered, That the hearing of the said Cause be put off to the Third Caule Day after the Recess at Christmas.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, septimum diem instantis Decembris hora undecima Auroræ, Dominis sic decernentibus.

Die Lunæ, 7o Decembris 1772.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Cestrien.Ds. Apsley, Cancellarius.Ds. Cathcart.
Epus. Litch. & Cov.Comes Rochford.Ds. Milton.
Comes Abercorn.
Comes Marchmont.
Viscount Wentworth.

PRAYERS.

Ergas against Moore and Townsend, in Error.

The Lord Mansfield, Lord Chief Justice of the Court of King’s Bench, in the usual Manner, delivered in at the Table, a Writ of Error, wherein Jacob Ergas is Plaintiff, and Charles Moore and Theyer Townsend are Defendants.

E. Rothes against Sir John Anstruther.

After hearing Counsel, as well on Friday last as this Day, upon the Petition and Appeal of John Earl of Rothes, complaining of Two Interlocutors of the Lord Ordinary in Scotland, of the 4th of July and 16th of November 1770; of Two Interlocutors of the Lords of Session there, of the 22d of January and 1st of February last; and also of another Interlocutor of the Lord Ordinary of the 21st of February last; and praying, “That the same might be reversed, varied, or altered, or that the Appellant might have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, should seem meet;” as also upon the Answer of Sir John Anstruther Baronet, put in to the said Appeal; and due Consideration had of what was offered pn either Side in this Cause:

Interlocutors affirmed.

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

Morier for a Nat. Bill.

Upon reading the Petition of Isaac Morier, pray ing Leave to bring in 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 read.

Whereupon; The Lord Viscount Wepworth presented to the House a bill, intituled, “An Act for naturalizing Isaac Morier.”

The said Bill was read the First Time.

Charteris et al. Petition referred to Judges.

Upon reading the Petition of the Honourable Francis Charteris Esquire, Lord of the Honour, Manor, and Lordship of Hornby and Manor of Tatham, in the County Palatine of Lancaster; and of William Gillison, John Moore, Miles North, Robert Cansfield Gerard, and Robert Welch, Esquires; Thomas Barrow and William, Smith Gentlemen; John Hutton and Robert Armitstead Clerks; Edward Wildman George Wildman, Henry Faithwaite, Thomas Winder Faithwaite, William Thornton, John Howson, William Edmondson, Richard Townson, Anthony Bateson, Stephen Smith, William Talbot, Richard Atkinson, William Dowbiggin, Thomas Benson, William Remington, Thomas Beakbane, James Willan, Peter Thompson, and Thomas Winder, Yeomen; and of the several other Persons whose Names are thereunto subscribed, being entitled to Freehold, Fee-Farm, and Customary Estates within the several Townships of Hornby, Tatham, Farleton, Eskrigg, Gressingham, Arkholme, Kaywood, Melling, Wrayton, Tunstall, Wennington, Roberingdale, Wray, and Botton, within the said Honour or Lordship of Hornby; praying Leave to bring in a Bill for the Purposes in the Petition mentioned:

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. Baron Adams, 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.

L. Conyngham against Attorney General in Ireland, et al.

A Petition of the Right Honourable Henry Lord. Viscount Conyngham, of the Kingdom of Ireland, Appellant in a Cause depending in this House, to which Philip Tisdall Esquire, His Majesty’s Attorney General, in the said Kingdom of Ireland, and the Right Honourable Ann Lady Viscountess Dungannon and others are Respondents, which stands appointed for hearing, was presented and read; setting forth, “That the Petitioner in the last Session of Parliament presented his Appeal to their Lordships, from an Order or Decree of the Court of Exchequer in Ireland, of the 29th of June 1771; that the Respondents put in their Answer to the said Appeal; but the Petitioner is since advised to settle the several Matters in Dispute in an amicable Manner, and to waive his said Appeal;” and therefore humbly prays “Their Lordships that the said Appeal may be withdrawn.”

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

And being withdrawn:

Appeal withdrawn with Costs.

Ordered, That the Petitioner be at Liberty to withdraw his said Appeal, upon Payment of Twenty Pounds Costs to the Respondents.

Spottiswoode to enter into Recognizance on Angus’s Appeal.

The House being moved, “That John Spottiswoode of Northumberland Street Gentleman, may be permitted to enter into a Recognizance for John Angus Merchant in Edinburgh, on Account of his Appeal depending in this House, he living in Scotland:”

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

St. Clair against Nimmo et al.

A Petition of Andrew St. Clair, Appellant in a Cause depending in this House, to which Elizabeth Nimmo and others are Respondents, which stands appointed for hearing, was presented and read; setting, forth, “That the Subject of this Appeal is compromised by the Parties;” and therefore praying, “Their Lordships that he may be at Liberty to withdraw the same.”

Appeal withdrawn.

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

And being withdrawn:

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

Welby against D. Rutland.

Ordered, That the Cause wherein William Welby Esquire is Appellant, and John Duke of Rutland is Respondent, which stands appointed for Wednesday next, be put off to Wednesday the 16th of this instant "December.

Cheap et al. against Alton and Co.

Ordered, That the Cause wherein James Cheap of Leith, Merchant, and others, are Appellants, and Andrew Alton and Company are Respondents, be heard on Friday next.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, decimum diem instantis Decembris, hora undecima Auroræ, Dominis sic decernentibus.

Die Jovis, 10o Decembris 1772.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Archiep. Cantuar.Ds. Apsley, Cancellarius.Ds. Le Despencer.
Epus. Litch. & Cov.Comes Gower, Præses.Ds. Willoughby Par.
Dux Athol.Ds. Cathcart.
Comes Carlisle.Ds. Boston.
Comes Abercorn.
Comes Marchmont.
Comes Northington.
Viscount Falmouth.
Viscount Wentworth.

PRAYERS.

Kennion against Gardner et al.

The Answer of Samuel Gardner and others, to the Appeal of John Kennion Esquire, was this Day brought in.

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

A Menage was brought from the House of Commons, by Mr. Cooper and others:

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

Salted Provisions, to allow the Importation of, Bill.

A Message was brought from the House of Commons, by Sir Charles Whitworth and others:

With a Bill, intituled, “An Act to continue for a further Time, an Act, made in the Eighth Year of His present Majesty’s Reign, intituled, “An Act to continue and amend an Act, made in the Fifth Year of the Reign of His present Majesty, intituled, “An Act for Importation of Salted Beef, Pork, Bacon, and Butter, from Ireland, for a limited Time;” and for allowing the Importation of Salted Beef, Pork, Bacon, and Butter, from the British Dominions in America, for a limited Time;” to which they desire the Concurrence of this House.

Tallow, &c. to discontinue the Duties on the Importation of, Bill.

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

With a Bill, intituled, “An Act to continue for a further Time an Act made in the Seventh Year of His present Majesty’s Reign, intituled, “An Act to discontinue, for a limited Time, the Duties payable upon the Importation of Tallow, Hogs-Lard, and Grease;” and to permit the Importation of Salted Beef, Pork, Bacon, Hams, and Cheese, into this Kingdom, from any Part of Europe, for a limited Time, free of Duty;” to which they desire the Concurrence of this House.

D’ Aigremont’s Nat. Bill.

A Message was brought from the House of Commons, by Sir Charles Whitworth and others:

With a Bill, intituled, “An Act for naturalizing Paul D’ Aigremont;” to which they desire the Concurrence of this House.

Vidal et al. Nat. Bi11.

A Message was brought from the House of Commons, by Sir Charles Whitworth and others:

With a Bill, intituled, “An Act for. naturalizing Enteric Vidal, Philippe Rivier, and Abraham Favene,” to which they desire the Concurrence of this House.

The said Five Bills were, severally, read the First Time.

Corn, &c. to prohibit the Expectation of, Bill.

Hodie 2a vice lecta est Billa, intituled, “An Act to prohibit the Exportation of Corn, Grain, Pease, Beans, Meal, Malt, Flour, Bread, Biscuit, and Starch; and also the Extraction of Low Wines and Spirits from Wheat and Wheat-Flour, for a limited Time.”

Ordered, That the said Bill be read the Third Time To-morrow.

Salted Provisions, to allow the Imputation of, Bill.

Hodie 2a vice lecta est Billa, intituled, “An Act to continue for a further Time, an Act, made in the Eighth Year of His present Majesty’s Reign, intituled, “An Act to continue and amend an Act, made in the Fifth Year of the Reign of His present Majesty, intituled, An Act for Importation of Salted Beef, Pork, Bacon, and Butter, from Ireland, for a limited Time;” and for allowing the Importation of Salted Beef, Pork, Bacon, and Butter, from the British Dominions in America, for a limited Time.”

Ordered, That the said Bill be read the Third Time To-morrow.

Tallow, &c. to discontinue the Duties on the Importation of, Bill.

Hodie 2a vice lecta est Billa, intituled, “An Act to continue, for a further Time, an Act made in the Seventh Year of His present Majesty’s Reign, intituled, “An Act to discontinue, for a limited Time, the Duties payable upon the Importation of Tallow, Hog Lard, and Grease;” and to permit the Importation of Salted Beef, Pork, Bacon, Hams, and Cheese, into this Kingdom, from any Part of Europe, for a limited Time, free of Duty.”

Ordered, That the said Bill be read the Third Time To-morrow.

E. Hopetoun and L. Hope, Petition referred to Judges.

Upon reading the Petition of John Earl of Hopetoun, and of the Right Honourable James Hope, commonly called Lord Hope, his eldest Son and Heir; praying Leave to bring in a Bill for the Purposes in the Petition mentioned:

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. Baron Adams, 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.

Laurie against Laurte and Mac Ghie.

Upon reading the Petition and Appeal of Andrew Laurie, Second Son of Margaret Laurie, eldest Daughter of the deceased Mr. James Laurie Minister of the Gospel at Dalrymple, complaining of an Interlocutor of the Lords of Session in Scotland, of the 6th Day of March 1759, which said Andrew Laurie, at the Time the aforesaid Interlocutor was pronounced, vas an Infant under the Age of Twenty-one Years, and in the Year 1769 he attained that Age; and playing, 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 Ann Laurie, and Captain James Mac Ghie her Husband for his Interest, may be required to Answer the said Appeal:”

It is Ordered, That the said Ann Laurie and Captain James Mac Ghie her Husband, 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 7th Day of January next; and that Service of this Order upon the said Respondents, or upon any of their Counsel or Agents, in the said Court of Session in Scotland, shall be deemed good Service.

Livingstone, against War rock.

Upon reading the Petition and Appeal or Alexander Livingstone Esquire of Westquarter, complaining of an Interlocutor of the Lords of Session in Scotland, of the 18th of November last; 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 James Warrock, sometime Clerk to Doctor John Roebuck and Company at Borrostownness, may be required to Answer the said Appeal:”

It is Ordered, That the said James Warrock may have a Copy of the said Appeal, and do put in his Answer thereto, in Writing, on or before Thursday the 7th Day of January next; and that Service of this Order upon the said Respondent, or upon any of his Agents or Solicitors in the said Court of Session in Scotland, shall be deemed good Service.

E. Fife et al. against Sir Ludovick Grant et al.

Upon reading the Petition and Appeal of James Earl of Fife, Mr. Arthur Duff of Ortown Advocate, Captain Robert Duff of Logte, William Rose of Sherifftown, Alexander Stronach of Knock, James Duff Sheriff Clerk of Banff, Keith Urquhart Esquire of Malldrum, and Ensign James Duff of the First Regiment of Foot Guards, complaining of Two Interlocutors of the Lords of Session in Scotland, of the 31st of July and 11th of August last; 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 meet; and that Sir Ludovick Grant of Gram, James Grant of Grant, and Major General Francis Grant of Dumphail, may be required to Answer the said Appeal:”

It is Ordered, That the said Sir Ludovick Grant, James Grant, and Major General Francis Grant, 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 7th Day of January next; and that Service of 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 Set vice.

Bruce against Carstairs.

Upon reading the Petition and Appeal of Miss Anna Bruce, Daughter of the deceased Sir John Bruce of Kinross Baronet, complaining of certain Parts of Two Interlocutors of the Lord Ordinary in Scotland, of the 15th of December 1770, and 9th of July 1771; and also of Part of an Interlocutor of the Lords of Session there, of the 26th of February last; 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 James Bruce Carstairs may be required to Answer the said Appeal:”

It is Ordered, That the said James Bruce Carstairs may have a Copy of the said Appeal, and do put in his Answer thereunto, in Writing, on or before Thursday the 7th Day of January next; and that Service of this Order upon the said Respondent, or upon any of his Counsel or Agents in the said Court of Session in Scotland, shall be deemed good Service.

Bane et al. against Countess and E. Moray.

Upon reading the Petition and Appeal of John Bane Stewart, Donald, Alexander, Robert, and Duncan Stewarts, all Lessees and Tenants in Glensinglass, James Stewart only Son and Heir of the deceased James Stewart in Stank, Walter Stewart only Son and Heir of the deceased John Stewart at Bridge ef Turk, Janet and Mary Stewart Sisters-German and Heirs of Line of the deceased David Stewart Lessee of Glensinglass, Allan Cameron of Londavra Husband of the said Janet Stewart, and John Cameron of Callart Husband of the said Mary Stewart, for their Interests, all Lessees of Glensinglass, complaining of an Interlocutor of the Lords of Session in Scotland, of the 29th of January last; and also of Part of an Interlocutor of the said Lords of the 23d of July last; 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 meet; and that the Right Honourable Margaret Countess Dowager of Moray, and Francis Eail of Moray, may be required to Answer the said Appeal:”

It is Ordered, That the said Margaret Countess Dowager of Morey, and Francis Earl of Moray, 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 7th Day of January next; and that Service of this Order upon the said Respondents, or upon their Counsel or Agents in the said Court of Session in Scotland, shall be deemed good Service.

Magistrates of Rutherglen against Cullen et al.

Upon reading the Petition and Appeal of the Magistrates and Town Council of the Borough of Rutherglen, complaining of an Interlocutor of the Lord Ordinary in Scotland; of the 19th of December 1771; as also of Three other Interlocutors of the said Lord Ordinary, of the 12th of February, and 11th and 24th of July last; and also of an Interlocutor of the Lords of Session there, of the 26th of November last; and craving, “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 meet; and that Junes Cullen Mason and Wright at Whitehills, and James Weir of Hill, and Samuel Steel of Townhead, his Sureties, may be required to Answer the said Anneal:”

It is Ordered, That the said James Cullen, and the said James Weir and Samuel Steel his Sureties, 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 7th Day of January next; and that Service of this Order upon the said Respondents, or upon any of their Counsel or Agents in the said Court of Session in Scotland, shall be deemed good Service.

Donaldsons against Becket et al.

Upon reading the Petition and Appeal of Alexander Donaldson and John Donaldson; complaining of a Decree of the Court of Chancery, of the 16th of November last; and praying, “That the same may be reversed, 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 Thomas Becket, Peter Abraham De Hondt, John Rivington, William Johnson, William Strahan, Thomas Longman, William Richardson, John Richardson, Thomas Lowndes, Thomas Caston, George Kearsley, Henry Baldwyn, William Owen, Thomas Davis, and Thomas Cadell, may be required to Answer the said Appeal:”

It is Ordered, That the said Thomas Becket, and the said several other Persons last named, 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 24th Day of this instant December.

Cooke against Hungerford in Error.

The Lord Chief Baron of the Court of Exchequer, in the usual Manner, delivered in at the Bar a Writ of Error, wherein William Cooke is Plaintiff, and John Peach Hungerford Esquire is Defendant.

Hay against M. Tweedale; Hearing appointed ex-parte.

The House being moved, “That a Day may be appointed for hearing the Cause, wherein Robert Hay Esquire is Appellant, and George Marquis of Tweedale is Respondent, ex-parte, the Respondent not having put in his Answer, 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 put in his Answer in the mean Time.

Morier Nat. Bill.

Isaac Morier took the Oaths appointed in order to his Naturalization.

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

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

Ld. President.L. Abp. Canterbury.L. Le Despencer.
D. AthoLL. Bp. Litch. & Cov.L. Willoughby Par.
E. Carlisle.L. Cathcart.
E. Abercorn.L. Boston.
E. Marchmont.
E. Northington.
V. Falmouth.
V. Wentworth.

Their Lordships, or any Five of them, to mee; on Monday next, at Ten o’Clock in the Forenoon, in the Prince’s Lodgings, near the House of Peers; and to adjourn as they please.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, undecimum diem instantis Decembris, hora undecima Auroræ, Dominis sic decernentibus.

Footnotes

1 Sic.