House of Lords Journal Volume 33
December 1772, 11-20

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History of Parliament Trust

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1767-1830

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477-485

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'House of Lords Journal Volume 33: December 1772, 11-20', Journal of the House of Lords volume 33: 1770-1773 (1767-1830), pp. 477-485. URL: http://www.british-history.ac.uk/report.aspx?compid=113572 Date accessed: 29 July 2014.


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Contents

Die Veneris, 11o Decembris 1772.
E. Fife et al. against Sir L. Grant and Grant. Cheap et al. against Aiton and Co.: Judgement. Westminster Bridge Accounts delivered. Sir Alexander Macdonald against Macleod et al. Cauies put off. 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: Message to H. C. that the Lords have agreed to the Three preceding Bills. D’ Aigremont’s Nat. Bill. Vidal et al. Nat. Bill. Spottiswoode to enter into Recognizance on the Magistrates of Rutherglen’s Appeal. and on Stewart’s et al. Appeal. and on Bruce’s Appeal. Longlands to enter into Recognizance on Livingstone’s Appeal. and Or Laurie’s Appeal. and on E. Fife et al. Appeal. Adjourn. Die Lunæ, 14o Decembris 1772.
Morier’s Nat. Bill. Vidal et al. Nat. Bill. D’ Aigremont’s Nat. Bill. Lincoln’s Petition to present Appeal though out of Time. Lincoln against Keogh. Bills passed by Commission. Bernard et Ux. Petition referred to Judges. Malt, &c. Bill. Martin’s Nat Bill. E. Fife et al. against Sir Ludovick Grant et al. Spottiswoode to enter into Recognizance on Sir Alex Macdonald’s Appeal. Adjourn. Die Mercurii, 16o Decembris 1772.
Alexander against Montgomery and Co. Randall against Russell et al. Writs of Error. Wolfe against Hart. King against Fisher. Jones against Fisher. Potter against Paul. Tankard against Marshall. Roche against Coanell. Morier’s Nat. Bill: Message to H. C. with it. Malt, &c. Bill. D’ Aigremont’s Nat. Bill. Vidal et al. Nat. Bill. Message to H. C. that the Lords have agreed to the Two preceding Bills. Martin’s Nat. Bill. Ergas against Moore and Townsend. Writ of Error nonpross’d with Costs. Bucknall against Berridge. Writ of Error nonpross’d with Costs. Beaty to enter into Recognizance on Lincoln’s Appeal. Neuman for a Nat. Bill. Bill read. Adjourn. Die Jovis, 17o Decembris 1772.
Donaldsons against Becket et al. Randall against Russell et al. Laxton Enclosure Bill. Newark Navigation Bill. Martin’s Nat. Bill. Malt, &c. Bill. Newton’s Petition to present his Appeal though out of Time. Newton against Newton and Lee. Causes put off. Adjourn. Die Veneris, 18o Decembris 1772.
Malt, &c. Bill. Martin’s Nat. Bill. Message to H. C. that the Lords have agreed to the Two preceding Bills. Laxton Enclosure Bill. Newark Navigation Bill. Bell so erter into Recognizance on Newton’s Appeal. Land Tax Bill. Rice from America, Importation of, Bill. Mutiny Bill. Adjourn. Die Sabbati, 19o Decembris 1772.
Laxton Enclosure Bill. Newark Navigation Bill. Land Tax Bill. Message to H. C. that the Lords have agreed to it. Rice from America, Importation of, Bill. Mutiny Bill. East India Company, to restrain them from appointing Commissioners in India, Bill. Cook against Hungerford. Writ of Error Nonpross’d with Costs. Adjourn. Footnotes

Die Veneris, 11o Decembris 1772.

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

Epus. Litch. & Cov.Ds. Apsley, Cancellarius.Ds. Cathcart.
Comes Gower, Præses.Ds. Boston.
Comes Rochford.Ds. Milton.
Comes Abercorn.
Comes Marchmont.
Comes Hardwicke.
Viscount Wentworth.

PRAYERS.

E. Fife et al. against Sir L. Grant and Grant.

The Answer of Sir Ludovick Grant Baronet, and Major General Francis Grant, to the Appeal of James Earl of Fife and others, was this Day brought in.

Cheap et al. against Aiton and Co.:

After hearing Counsel this Day upon the Petition and Appeal of James Cheap of Leith Merchant, Thomas Cheap Son of the said James Cheap, and his Tutors and Curators, William Cheap 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 Cratgfoode, 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; and 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 might be reversed or altered, or that the Appellants might have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, should seem just;” as also upon the Answer of Andrew Alton and Company, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Judgement.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal, in Parliament assembled, That the aforesaid Interlocutor of the Lord Ordinary of the 4th of August 1768, and so much of the subsequent Interlocutors as adhere to the same, be, and the same are hereby affirmed; and that the whole other Interlocutors, as well of the Lord Ordinary as of the whole Lords of Session, in so far as respects the other Points in the Cause, be, and the same are hereby reversed; reserving to the Respondents, the said Alton and Company, their Relief, and all Claims and Demands competent to them from or out of the Estate of Charles Adair, in the said Petition of Appeal mentioned.

Westminster Bridge Accounts delivered.

The House being informed, “That Mr. Seddort, from the Commissioners of Westminster Bridge, attended:”

He was called in, and delivered at the Bar, pursuant to several Acts of Parliament, Two Books, containing,

A State of the Proceedings of the Commissioners for building Westminster Bridge, from the 29th Day of January 1772, to the 25th Day of November following, inclusive.”

Accounts of the Treasurer to the Commissioners for building Westminster Bridge, from the 5th Day of January 1772, to the 10th Day of October following, together with a Rent Roll, and an Account of Bridge Rents received from 5th July 1771, to 5th July 1772.”

And then he withdrew.

And the Titles thereof, being read by the Clerk:

Ordered, That the same do lie on the Table.

Sir Alexander Macdonald against Macleod et al.

Upon reading the Petition and Appeal of Sir Alexander Macdonald of Macdonald Baronet, complaining of Part of an Interlocutor of the Lords of Session in Scotland, of the 17th of July 1770; and also of Part of another Interlocutor of the said Lords of the 6th of March 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 Norman Macleod, now of Macleod, Esquire, an Infant, the Grandson and Heir and Representative of Norman Macleod late of Macleod Esquire deceased, and the Guardians of the said Norman Macleod the Infant, may be required to Answer the said Appeal:”

It is Ordered, That the said Norman Macleod and his Guardians 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 8th Day of January next; and that Service of this Order upon the said Respondents, or upon their known Counsel, Agent, or Solicitor, in the said Coun of Session in Scotland, shall be deemed good Service.

Cauies put off.

Ordered, That the Hearing of the Cause, wherein William Randall Esquire is Appellant, and Lascelles Metcalfe Esquire and others are Respondents, which stands appointed for Monday next, be put off to Wednesday next; and that the Rest of the Causes be removed in Course.

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

Hodie 3a 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.”

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

It was resolved in the Affirmative.

Salted Provisions, to allow the Importation of, Bill.

Hodie 3a 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.”

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

It was resolved in the Affirmative.

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

Hodie 3a 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, Hogs-Lard, and Grease;V 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.”

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 the Three preceding Bills.

A Message was sent to the House of Commons, by Mr. Pechell and Mr. Montagu:

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

D’ Aigremont’s Nat. Bill.

Hodie 2a vice lecta est Bilta, intituled, “An Act for naturalizing Paul D’ Aigremont.”

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

Ld. President.L. Bp. Litch. & Cov.L. Cathcart.
E. Rochford.L. Boston.
E. Abercorn.L. Milton.
E. Marchmont.
E. Hardwicke.
V. Wentworth.

Their Lordships, or any Five of them, to meet 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.

Vidal et al. Nat. Bill.

Hodie 2a vice lecta est Billa, intituled, “An Act for naturalizing Emeric Vidal, Philippe Rivier, and Abraham Favenc.”

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

Their Lordships, or any Five of them, to meet on the same Day, at the same Place; and to adjourn as they please.

Spottiswoode to enter into Recognizance on the Magistrates of Rutherglen’s Appeal.

The House being moved, “That John Spottiswoode of Northumberland Street Gentleman may be permitted to enter into a Recognizance for the Magistrates and Town Council of the Borough of Rutherglen, 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.

and on Stewart’s et al. Appeal.

The House being moved, That John Spottiswoode of Northumberland Street Gentleman may be permitted to enter into a Recognizance for John Bane Stewart 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.

and on Bruce’s Appeal.

The House being moved, “That John Spottiswoode of Northumberland Street Gentleman may be permitted to enter into a Recognizance for Miss Anna Bruce, on Account of her Appeal depending in this House, sha residing in Scotland:

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

Longlands to enter into Recognizance on Livingstone’s Appeal.

The House being moved, “That Thomas Longlands Gentleman may be permitted to enter into a Recognizance for Alexander Livingstone Esquire, of Westquarter, on Account of his Appeal depending in this House, he residing in Scotland:”

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

and Or Laurie’s Appeal.

The House being moved, “That Thomas Longlands Gentleman may be permitted to enter into a Recognizance for Andrew Laurie, on Account of his Appeal depending in this House, she residing in Scotland:

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

and on E. Fife et al. Appeal.

The House being moved, “That Thomas Longlands Gentleman may be permitted to enter into a Recognizance for James Earl of Fife and others, on Account of their Appeal depending in this House, they residing in Scotland:”

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

Adjourn.

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

Die Lunæ, 14o Decembris 1772.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Archiep. Cantuar.Ds. Apsley, Cancellarius.Ds. Willoughby Par.
Epus. Litch. & Cov.Dux Portland.Ds. Cathcart.
Comes Talbot, Senescallus.Ds. Cadogan.
Comes Hertford, Camerarius.Ds. Boston.
Comes Rochford.
Comes Abercorn.
Comes Marchmont.
Comes Dartmouth.
Viscount Wentworth.

PRAYERS.

Morier’s Nat. Bill.

The Lord Viscount Wentworth reported from the Lords Committees, to whom the Bill, intituled, “An Act for naturalizing Isaac Morier,” was committed: That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment.”

Ordered, That the said Bill be engrossed.

Vidal et al. Nat. Bill.

The Lord Viscount Wentworth made the like Report from the Lords Committees, to whom the Bill, intituled, “An Act for naturalizing Emeric Vidal, Philipps Rivier, and Abraham Favenc,” was committed.

D’ Aigremont’s Nat. Bill.

The Lord Viscount Wentworth also made the like Report from the Lords Committees, to whom the Bill, intituled, “An Act for naturalizing Paul D’ Aigremont,” was committed.

Lincoln’s Petition to present Appeal though out of Time.

A Petition of Mary Frances Lincoln was presented and read; setting forth, “That the Petitioner is advised to present her Appeal to their Lordships from Two Orders of the Court of Exchequer in Ireland, of the 2d and 6th of June last; that the Papers necessary to prepare the said Appeal did not arrive to the Petitioner’s Agent (owing to contrary Winds) sooner than the 4th of December instant; and the Petitioner’s Agent did not receive the same from Counsel sooner than Friday last;” and therefore praying their Lordships, “For the Reasons above alledged that her Appeal may be received though not within the Time limited by their Lordships Standing Order.”

And thereupon the Agent for the Petitioner was called in, and heard at the Bar:

And being withdrawn:

Ordered, That the Petitioner be at Liberty to present her said Appeal as desired.

Lincoln against Keogh.

Accordingly, Upon reading the Petition and Appeal of Mery Frances Lincoln of the City of Dublin Widow, complaining of Two Orders of the Court of Exchequer in Ireland, of the 2d and 6th Days of June last; 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 Keogh may be required to Answer the said Appeal:”

It is Ordered, That the said John Keogh may have a Copy of the said Appeal, and do put in his Answer thereunto, in Writing, on or before Monday the 18th Day of January next; and that Service of this Order upon the said Respondent, or upon his Agents in the said Court of Exchequer in Ireland, shall be deemed good Service.

Bills passed by Commission.

The Lord Chancellor acquainted the House, “That His Majesty had been pleased to Issue a Commission to several Lords therein named, for declaring His Royal Assent to several Acts agreed upon by both Houses of Parliament.”

The House was adjourned during Pleasure.

The House was resumed.

Then Three of the Lords Commissioners, being in their Robes, and seated on a Form placed between the Throne and the Woolsack, the Lord Chancellor in the Middle, with the Archbishop of Canterbury on his Right Hand, and the Lord President on his Left, commanded the Gentleman Usher of the Black Rod to let the Commons know, “The Lords Commissioners desire their immediate Attendance in this House, to hear the Commission read:”

Who being come, with their Speaker;

The Lord Chancellor said,

My Lords, and Gentlemen of the House of Commons,

“His Majesty not thinking fit to be personally present here at this Time, has been pleased to cause a Commission to be Issued under the Great Seal, and thereby given His Royal Assent to divers Acts, which have been agreed upon by both Houses of Parliament, the Titles whereof are particularly mentioned; and by the said Commission hath commanded us to declare and notify His Royal Assent to the said several Acts, in the Presence of you the Lords and Commons, assembled for that Purpose; which Commission you will now hear read.”

Then the said Commission was read by the Cleik, as follows:

GEORGE R.

George the Third, by the Grace of God, of Great Britain, France, and Ireland, King, Defender of the Faith, and so forth; To Our Right Trusty and Right Well-beloved the Lords Spiritual and Temporal, and to Our Trusty and Well-beloved the Knights, Citizens, ami Burgesses, and the Commissioners for Shires and Burghs, of the House of Commons, in this present Parliament assembled, Greeting: Whereas, We have seen and perfectly understood divers and sundry Acts agreed and accorded on by you Our loving Subjects the Lords Spiritual and Temporal, and the Commons, in this Our present Parliament assembled, and endorsed by you as hath been accustomed, the Titles and Names of which Acts hereafter do particularly ensue; (that is to say), “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.” “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 Beet, 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.” “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-Laid, 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.” And albeit, the said Acts by you our said Subjects the Lords and Commons in this Our present Parliament assembled, are fully agreed and consented unto, yet nevertheless the same are not of Force and Effect in the Law without Our Royal Assent given and put to the said Acts: And forasmuch as for divers Causes and Considerations We cannot conveniently at this Time be present in Our Royal Person in the Higher House of Our said Parliament, being the Place accustomed to give Our Royal Assent to such Acts as have been agreed upon by you Our said Subjects the Lords and Commons, We have therefore caused these Our Letters Patent to be made, and have signed the same, and by the same do give and put Our Royal Assent to the said Acts, and to all Articles, Clauses, and Provisions therein contained, and have fully agreed and assented to the said Acts; Willing that the said Acts, and every Article, Clause, Sentence, and Provision therein contained, from henceforth shall be of the same Strength, Force, and Effect, as if We had been personally present in the said Higher House, and had openly and publickly in the Presence of you all assented to the same: And we do by these Presents declare and notify the same Our Royal Assent, as well to you the Lords Spiritual and Temporal, and Commons aforesaid, as to all others whom it may concern; commanding also by these Presents Our Right Trusty and Well-beloved Counsellor Henry Lord Apsley, Our Chancellor of Great Britain, to seal these Our Letters Patent with Our Great Seal of Great Britain; and also commanding the Most Reverend Father in God, Our Right Trusty and Well-beloved Counsellor, Frederick Archbishop of Canterbury, Primate and Metropolitan of all England; Our said Chancellor of Great Britain; Our Right Trusty and Right Well-beloved Cousin and Counsellor Granville Earl Gower, President of Our Council; Our Right Trusty and Right Entirely-beloved Cousins and Counsellors, Augustus Henry Duke of Grafton, Keeper of Our Privy Seal; Thomas Duke of Leeds, John Duke of Rutland, Peregrine Duke of Ancaster and Kesteven, Great Chamberlain of England; Our Right Trusty and Right Well-beloved Cousins and Counsellors, William Earl Talbot, Steward of Our Household; Francis Seymour Earl of Hertford, Chamberlain of Our Household; Henry Earl of Suffolk and Berkshire, One of Our Principal Secretaries of State; John Earl of Sandwich, First Commissioner of Our Admiralty; Robert Earl of Holdernesse, William Henry Earl of Rochford, One other of Our Principal Secretaries of State; Hugh Earl of Marchmont, William Earl of Dartmouth, One other of Our Principal Secretaries, of State; George William Earl of Bristol, Wills Hill Earl of Hillsborough, Thomas Viscount Weymouth, and Our Right Trusty and Well-beloved Counsellor, William Lord Mansfield, Our Chief Justice assigned to hold Pleas before Us; or any Three or more of them, to declare and notify this Our Royal Assent, in Our Absence in the said Higher House, in the Presence of you the said Lords and the Commons of Our Parliament there to be assembled for that Purpose; and the Clerk of Our Parliaments to endorse the said Acts, with such Terms and Words in Our Name as is requisite and hath been accustomed for the same, and also to enroll these Our Letters Patent and the said Acts in the Parliament Roll; and these Our Letters Patent shall be to every of them a sufficient Warrant in that Behalf; and finally, We do declare and will that, after this Our Royal Assent given and passed by these Presents, and declared and notified as is aforesaid, then and immediately the said Acts shall be taken, accepted, and admitted good, sufficient, and perfect Acts of Parliament and Laws, to all Intents, Constructions, and Purposes, and to be put in due Execution accordingly; the Continuance or Dissolution of this Our Parliament, or any other Use, Custom, Thing or Things, to the contrary thereof notwithstanding. In Witness whereof, We have caused these Our Letters to be made Patent.

Witness Ourself, at Westminster, the Fourteenth Day of December in the Thirteenth Year of Our Reign.

By the King Himself, signed with His own Hand.

“Yorke.”

Then the Lord Chancellor said,

In Obedience to His Majesty’s Commands, and by virtue of the Commission which has been now read, we do declare and notify to you the Lords Spiritual and Temporal, and Commons, in Parliament assembled, that His Majesty hath given His Royal Assent to the several Acts in the Commission mentioned; and the Clerks are required to pass the same in the usual Form and Words.”

“1. 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.”

“2. 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.”

“3. 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 these Sills the Royal Assent was, severally, pronounced by the Clerk Assistant, in these Words; (videlicet),

“Le Roy le veult.”

Then the Commons withdrew.

The House was adjourned during Pleasure.

The House was resumed.

Bernard et Ux. Petition referred to Judges.

Upon reading the Petition of James Bernard Esquire and Elizabeth his Wife, praying Leave to bring in a Bill for vesting the Manors of East and West Stodely, and other Hereditaments, in the County of Devon, in Trustees, to be sold, and applying the Money to arise by such Sale, in Discharge of a Mortgage affecting the same, and for other Purposes:

It is Ordered, That the Consideration of the said Petition be, and is hereby referred to Mr. Justice Gould and Mr. Justice Nares, 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.

Malt, &c. Bill.

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

With a Bill, intituled, “An Act for continuing and granting to His Majesty certain Duties upon Malt, Mum, Cyder, and Perry, for the Service of the Year One thousand seven hundred and seventy-three;” to which they desire the Concurrence of this House.”

Martin’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 Peter Francis Martin;” to which they desire the Concurrence of this House.

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

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

The House being moved, “That a Day may be appointed for hearing the Cause, wherein James Earl of Fife and others are Appellants, and Sir Ludovick Grant of Grant, and others, are Respondents:

It is Ordered, That this House will hear the said Cause, by Counsel at the Bar, on the First vacant Day for Causes after those already appointed.

Spottiswoode to enter into Recognizance on Sir Alex Macdonald’s Appeal.

The House being moved, “That John Spottiswoode of Northumberland Street Gentleman may be permitted to enter into a Recognizance for Sir Alexander Macdonald of Macdonald Baronet, 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.

Adjourn.

Dominus cancellarius declaravit præsens Parliament turn continuandum esse usque ad et in diem Mercurii, decimum sextum diem instantis Decembris, hora undecima Auroræ, Dominis sic decernentibus.

Die Mercurii, 16o Decembris 1772.

Domini tam (fn. 2) Spirituales quam Temporales præsentes fuerunt:

Epus. Litch. & Cov.Ds. Apsley, Cancellalarius.Ds. Willoughby Par.
Comes Rochford.Ds. Paget.
Comes Abercorn.Ds. Cathcart.
Comes Marchmont.Ds. Hyde.
Comes Strafford.Ds. Mansfield.
Comes Buckinghamshire.Ds. Boston.
Viscount Wentworth.Ds. Camden.

PRAYERS.

Alexander against Montgomery and Co.

The Answer of James Montgomery and Company, to the Appeal of Robert Alexander Merchant in Edinburgh, was this Day brought in.

Randall against Russell et al.

After hearing Counsel in Part, in the Cause wherein William Randall Esquire is Appellant, and Metcalfe Russell and others, are Respondents:

It is Ordered, That the further Hearing of the said Cause be put off till To-morrow.

Writs of Error.

The Lord Mansfield Lord Chief Justice of the Court of King’s Bench, in the usual Manner, delivered in at the Table Six Writs of Error:

In the First of which,

Wolfe against Hart.

Levy Wolfe is Plaintiff, and William Hart Esquire is Defendant:

In the Second,

King against Fisher.

Richard King is Plaintiff, and Robert Fisher Gentleman is Defendant:

In the Third,

Jones against Fisher.

Nathaniel Jones is Plaintiff, and Robert Fisher Gentleman is Defendant:

In the Fourth,

Potter against Paul.

John Potter is Plaintiff, and John Paul is Defendant:

In the fifth,

Tankard against Marshall.

William Tankard is Plaintiff, and Mary Marshall is Defendant:

And in the last,

Roche against Coanell.

Thomas Roche Esquire is Plaintiff, and Hugh Connell is Defendant.

Morier’s Nat. Bill:

Hodie 3a vice lecta est Billa, intituled, “An Act for naturalizing Isaac Morier.”

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

It was resolved in the Affirmative.

Message to H. C. with it.

A Message was sent to the House of Commons, by Mr. Holford and Mr. Cuddon:

To carry down the said Bill, and desire their Concurrence thereto.

Malt, &c. Bill.

Hodie 2a vice lecta est Billa, intituled, “An Act for continuing and granting to His Majesty, certain Duties upon Malt, Mum, Cyder, and Perry, for the Service of the Year One thousand seven hundred and seventy-three.”

Ordered, That the said Bill be committed to a Committee of the whole House:

Ordered, That the House be put into a Committee upon the said Bill To-morrow.

D’ Aigremont’s Nat. Bill.

Hodie 3a vice lecta est Billa, intituled, “An Act for naturalizing Paul D’ Aigremont.”

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

It was resolved in the Affirmative.

Vidal et al. Nat. Bill.

Hodie 3a vice lecta est Billa, intituled, “An Act for naturalizing Emeric Vidal, Philippe Rivier, and Abraham Favenc.”

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 the Two preceding Bills.

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

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

Martin’s Nat. Bill.

Hodie 2a vice lecta est Billa, intituled, “An Act for naturalizing Peter Francis Martin.”

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

E. Rochford.L. Bp. Litch. & Cov.L. Willoughby Par.
E. Abercorn.L. Paget.
E. Marchmont.L. Cathcart.
E. Strafford.L. Hyde.
E. Buckirghamshire.L. Mansfield.
V. Wentworth.L. Boston.
L. Camden.

Their Lordships, or any Five of them, to meet To-morrow at Ten o’Clock in the Forenoon, in the Prince’s Lodgings, near the House of Peers; and to adjourn as they please.

Ergas against Moore and Townsend.

Upon reading the Petition of Charles Moore and Theyer Townsend, Defendants in a Writ of Error depending in this House, to which Jacob Ergas is Plaintiff; setting forth, “That the Plaintiff has not assigned Errors within the Time ordered by the House;” and therefore praying, “That the said Writ of Error may be nonpros’d, with such Costs as to their Lordships shall seem meet:”

Writ of Error nonpross’d with Costs.

It is Ordered, That the Petitioners do forthwith enter a Nonpros. on the said Writ of Error as desired, and that the Record be remitted to the Court of King’s Bench, to the End Execution may be had upon the 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 Defendants in Error, the Sum of Twenty Pounds for their Costs, by Reason of the Delay of the Execution of the said Judgement.

Bucknall against Berridge.

Upon reading the Petition of Benjamin Bucknall, Plaintiff in a Writ of Error depending in this House, wherein Elizabeth Berridge Widow is Defendant, which stands appointed for hearing; setting forth, “That the Plaintiff hath been advised, since his assigning Errors upon the said Writ, to withdraw his Assignment of Errors, and not to prosecute the said Writ of Error any further;” and therefore praying, “That he may be at Liberty to withdraw his said Assignment of Errors, and that the said Writ may be nonpros’d, with such Costs as to the House shall seem meet, the Agent for the Defendant having signed the said Petition as commenting thereto:”

Writ of Error nonpross’d with Costs.

It is Ordered, That the Petitioner do withdraw his said Assignment of Errors; and that the Defendant in Error do forthwith enter a Nonpros. on the said Writ of Error, and that the Record be remitted to the Court of King’s 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 in Error, the Sum of Twenty Pounds for her Costs, by Reason of the Delay of the Execution of the said Judgement.

Beaty to enter into Recognizance on Lincoln’s Appeal.

The House being moved, “That Francis Beaty of Brick Lane, Spital Fields, in the County of Middlesex, may be permitted to enter into a Recognizance for Mary Frances Lincoln of the City of Dublin Widow, on Account of her Appeal depending in this House, she residing in Ireland.

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

Neuman for a Nat. Bill.

Upon reading the Petition of John Gottlob Neuman; praying Leave to bring in a Bill for his Naturalization:

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

Bill read.

Accordingly, The Lord Viscount Wentworth presented to the House, a Bill, intituled, “An Act for naturalizing John Gottlob Neuman.”

The said Bill was read the First Time.

Adjourn.

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

Die Jovis, 17o Decembris 1772.

Domini tam (fn. 3) Spirituales quam Temporales præsentes fuerunt:

Epus. Litch. & Cov.Ds. Apsley, Cancellarius.Ds. Willoughby Par.
Comes Abercorn.Ds. Paget.
Viscount Wentworth.Ds. Mansfield.
Ds. Boston,
Ds. Camden.

PRAYERS.

Donaldsons against Becket et al.

The Answer of Thomas Becket and others, to the Appeal of Alexander Donaldson and John Donaldson, was this Day brought in.

Randall against Russell et al.

After hearing Counsel further in the Cause, wherein William Randall Esquire is Appellant, and, Metcalfe Russell and others are Respondents:

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

Laxton Enclosure Bill.

A Message was brought from the House of Commons, by Sir William Dolben and others:

With a Bill, intituled, “An Act for dividing and enclosing the Common Fields of Laxton, in the County of Northampton;” to which they desire the Concurrence of this House.

Newark Navigation Bill.

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

With a Bill, intituled, “An Act for improving and completing the Navigation of that Branch of the River Trent which runs by the Town of Newark upon Trent, from a Place called The Upper Wear, in the Parish of Averham, in the County of Nottingham, to a Place called The Crankleys, in the Parish of South Muskham, in the said County;” to which they desire the Concurrence of this House.

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

Martin’s Nat. Bill.

The Lord Viscount Wentworth reported from the Lords Committees, to whom the Bill, intituled, “An Act for naturalizing Peter Francis Martin,” was committed: “That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment.”

Malt, &c. Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, “An Act for continuing and granting to His Majesty, certain Duties upon Malt, Mum, Cyder, and Perry, for the Service of the Year One thousand seven hundred and seventy-three.”

After some Time the House was resumed:

And the Lord Viscount Wentworth reported from the Committee, “That they, had gone through the Bill, and directed him to report the same to the House, without any Amendment.”

Newton’s Petition to present his Appeal though out of Time.

Upon reading the Petition of John Newton of Irnham in the County of Lincoln Esquire; setting forth, That the Petitioner is advised to appeal to their Lordships, from an Order of the Court of Chancery of the 18th of July last; that the Appeal contains a great Variety of Facts and Recitals, and that, from the Length of the said Appeal, and the Difficulty attending it, the Petitioner could not procure the same from his Counsel, so as to be able to present it to their Lordships within the Time limited for receiving Appeals;” and therefore praying their Lordships, “For these Reasons, to receive the said Appeal:”

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

Newton against Newton and Lee.

Accordingly, Upon reading the Petition and Appeal of John Newton of Irnham in the County of Lincoln Esquire, complaining of an Order of the Court of Chancery of the 18th Day of July last; 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 William Newton and Robert Lee may be required to Answer the said Appeal:”

It is Ordered, That the said William Newton and Robert Lee 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 31st Day of this instant December.

Causes put off.

Ordered, That the Hearing of the Cause which stands appointed for To-morrow, be put off to Wednesday next; and that the Rest of the Causes be removed in Course.

Adjourn.

Dominus, Cancellarius declaravit præsens Parliamen turn continuandum esse usque ad et in diem Veneris decimum octavum diem instantis Decembris, hora undecima Auroræ, Dominis sic decernentibus.

Die Veneris, 18o Decembris 1772.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Archiep. Cantuar.Ds. Apsley, Cancellarius.Ds. Paget.
Epus. Litch. & Cov.Dux Athol.Ds. Boston.
Comes Doncaster.
Comes Rochford.
Comes Abercorn.
Viscount Wentworth.

PRAYERS.

Malt, &c. Bill.

Hodie 3a vice lecta est Billa, intituled, “An Act for continuing and granting to His Majesty, certain Duties upon Malt, Mum, Cyder, and Perry, for the Service of the Year One thousand seven hundred and seventy-three.”

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

It was resolved in the Affirmative.

Martin’s Nat. Bill.

Hodie 3a vice lecta est Billa, intituled, “An Act for naturalizing Peter Francis Martin.”

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 the Two preceding Bills.

A Message was sent to the House of Commons, by Mr Holford and Mr. Cuddon:

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

Laxton Enclosure Bill.

Hodie 2a vice lecta est Billa, intituled, “An Act for dividing and enclosing the Common Fields of Laxton, in the County of Northampton.”

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

D. Athol.L. Abp. Canterbury.L. Paget.
E. Doncaster.L. Bp. Litch. & Cov.L. Boston.
E. Rochford.
E. Abercorn.
V. Weidworth.

Their Lordships, or any Five of them, to meet To-morrow at Ten o’Clock in the Forenoon, in the Prince’s Lodgings, near the House of Peers; and to adjourn as they please.

Newark Navigation Bill.

Hodie 2a vice lecta est Billa, intituled, “An Act for improving and completing the Navigation of that Branch of the River Trent which runs by the Town of Newark upon Trent, from a Place called The Upper Weir, in the Parish of Averham, in the County of Nottingham, to a Place called The Crankleys, in the Parish of South Muskham, in the said County.”

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

Their Lordships, or any Five of them, to meet on the same Day, at the same Place; and to adjourn as they please.

Bell so erter into Recognizance on Newton’s Appeal.

The House being moved, “That Henry Bell of Gray’s-Inn, in the County of Middlesex, Gentleman, may be permitted to enter into a Recognizance for John Newton of Irnham, in the County of Lincoln, Esquire, on Account of his Appeal depending in this House, he residing in the Country:”

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

Land Tax Bill.

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

With a Bill, intituled, “An Act for granting an Aid to His Majesty by a Land Tax, to be raised in Great Britain, for the Service of the Year One thousand seven hundred and seventy-three;” to which they desire the Concurrence of this House.

Rice from America, Importation of, Bill.

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

With a Bill, intituled, “An Act for allowing the free Importation of Rice into this Kingdom, from any of His Majesty’s Colonies in America, for a limited Time; and for encouraging the making of Starch from Rice;” to which they desire the Concurrence of this House.

Mutiny Bill.

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

With a Bill, intituled, “An Act for punishing Mutiny and Desertion; and for the better Payment of the Army and their Quarters;” to which they desire the Concurrence of this House.

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

Adjourn.

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

Die Sabbati, 19o Decembris 1772.

Domini tam (fn. 4) Spirituales quam Temporales præsentes fuerunt:

Epus. Litch. & Cov.Ds. Apsley, Cancellarius.Ds. Willoughby Par.
Comes Gower, Præses.Ds. Paget.
Comes Rochford.Ds. Cathcart.
Comes Abercorn.Ds. Edgecumbe.
Comes Marchmont.Ds. Sandys.
Viscount Weymouth.Ds. Boston.
Viscount Falmouth.

PRAYERS.

Laxton Enclosure Bill.

The Lord Boston reported from the Lords Committees, to whom the Bill, intituled, “An Act for dividing and enclosing the Common. Fields of Laxton, in the County of Northampton,” was committed: That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Contents to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment.”

Newark Navigation Bill.

The Lord Boston also reported from the Lords Committees, to whom the Bill, intituled, “An Act for improving and completing the Navigation of that Branch of the River Trent which runs by the Town of Newark upon Trent, from a Place called The Upper Wear, in the Parish of Averham, in the County of Nottingham, to a Place called The Crankleys, in the Parish of South Muskham, in the said County,” was committed: “That they had considered the said Bill, and examined the Allegations, thereof, which were found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment.”

Land Tax Bill.

Hodie 2a & 3a vice lecta est Billa, intituled, “An Act for granting an Aid to His Majesty by a Land Tax, to be raised in Great Britain, for the Service of the Year One thousand seven hundred and seventy-three.”

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. Holford and Mr. Browning:

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

Rice from America, Importation of, Bill.

Hodie 2a vice lecta est Billa, intituled, “An Act for allowing the free Importation of Rice into this Kingdom, from any of His Majesty’s Colonies in America, for a limited Time; and for encouraging the making of Starch from Rice.”

Ordered, That the said Bill be committed to a Committee of the whole House:

Ordered, That the House be put into a Committee upon the said Bill on Monday next.

Mutiny Bill.

Hodie 2a vice lecta est Billa, intituled, “An Act for Punishing Mutiny and Desertion; and for the better Payment of the Army and their Quarters.”

Ordered, That the said Bill be committed to a Committee of the whole House:

Ordered, That the House be put into a Committee upon the said Bill on Monday next.

East India Company, to restrain them from appointing Commissioners in India, Bill.

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

With a Bill, intituled, “An Act to restrain the East India Company, for a limited Time, from making any Appointment of Commissioners for superintending and regulating the Company’s Affairs, at their Presidencies in the East Indies;” to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Cook against Hungerford.

Upon reading the Petition of John Peach Hungerford Esquire, Defendant in a Writ of Error depending in this House, wherein William Cook is Plaintiff; setting forth, “That the Plaintiff has not Assigned Errors within the Time ordered by the House;” and therefore praying, “That the said Writ of Error may be nonpros’d with such Costs as to their Lordships mall seem meet:”

Writ of Error Nonpross’d with Costs.

It is Ordered, That the Petitioner do forthwith enter a Nonpros. on the said Writ of Error as desired, and that the Record be remitted to the Court of King’s Bench, to the End Execution may be had upon the Judgement given by that Court, as if no such Writ of Error had been brought into this House; and further, that the Plaintiff in Error do pay, or cause to be paid to the Defendant in Error, the Sum of Twenty Pounds, for his Costs, by Reason of the Delay of the Execution of the said Judgement.

Adjourn.

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

Footnotes

1 Sic.
2 Sic.
3 Sic.
4 Sic.