House of Lords Journal Volume 34
December 1774, 21-31

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History of Parliament Trust

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1767-1830

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281-285

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'House of Lords Journal Volume 34: December 1774, 21-31', Journal of the House of Lords volume 34: 1774-1776 (1767-1830), pp. 281-285. URL: http://www.british-history.ac.uk/report.aspx?compid=113672 Date accessed: 31 July 2014.


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Die Mercurii, 21o Decembris 1774.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Archiep. Cantuar. Ds. Apsley, Cancellarius. Ds. Cathcart.
Epus. Meneven. Comes Gower, Præses. Ds. Edgecumbe.
March. Rockingham. Ds. Mansfield.
Comes Suffolk. Ds. Lyttelton.
Comes Abercorn. Ds. Boston.
Comes Galloway.
Comes Dartmouth.
Viscount Falmouth.

PRAYERS.

Allen et al. against Hanboro.

The Answer of Frances Hancorn Widow, and others, to the Appeal of John Bartlett Allen and Elizabeth his Wise, and others, was this Day brought in.

Sir John Edea et al. against E. Bute et al.

The Order of the Day being read for hearing Counsel in the Two Causes, wherein Sir John Eden Baronet and others are Appellants, and the Right Honourable John Earl of Bute and others are Respondents; the First being an Appeal from Part of a Decree of the Court of Chancery of the 9th December 1773, and the other an Appeal from an Order of the said Court of the 21st January 1774.

Counsel were accordingly called in;

And Mr. Attorney General was heard for the Appellants, in the Appeal complaining of Part of the Decree of the 21st January 1774, relating to Minutes being entered as read.

Mr. Dunning also heard for the Appellants in the same Appeal.

Mr. Solicitor General was heard for the Respondents in the fame Appeal.

The Counsel were directed to withdraw.

Ordered, That the further Hearing of these Causes be adjourned till To-morrow.

Indian Corn and Maize, Importation of, Bill.

Hodie 2a vice lecta est Billa, intituled, “An Act to allow the Importation of Indian Corn and Maize, under certain Restrictions.”

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.

De Hahn’s Nat Bill.

Hodie 3a vice lecta est Billa, intituled, “An Act for naturalizing George Enlist de Hahn

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. Montagu and Mr. Cuddon :

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

Kaysnford et al. Leave for a Bill:

After reading and considering the Report of the Judges, to whom was referred the Petition of Richard Raynsford Enquire and Frances his Wife, on Behalf of their infant Sons, and others; praying Leave to bring in a Private Bill, for the Purposes therein mentioned:

It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.

Bill read.

Hodie 1a vice, lecta est Billa, intituled, “An Act for vesting certain Estates and Chattels deviled by the Will of Richard Raynsford Enquire, deceased, and Part of certain Estates comprised in a Settlement made on the Marriage of Richard Raymford the younger, Esquire, in Trustees, to fell the fame; and for applying the Money to arise by such Sale in such Manner as in the said Act mentioned.”

Locks’s Petition resent to Judges.

Upon reading the Petition of William Lock Enquire, (on Behalf of himself, and of William Lock, Charles Lock, George Lock, and Mary Augusta Lock, his infant and only Children), John Lock, Daniel Lock, Thomas Lock, and James Lock, Gentlemen, praying Leave to bring in a Bill for the Purposes in the Petition mentioned:

It is Ordered, That the Confederation 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 fame.

Petition of Lloyd to enter into a Recognizance on Cult and Lothian’s App al, though out of Time.

Upon reading the Petition of Thomas Lloyd Gentleman, Solicitor for Peregrine Cust Enquire, and David Lothian Writer in Edinburgh, his Attorney, setting forth, “That an Appeal was presented to this House on Behalf of the said Peregrine Cust and David Lothian, from an Interlocutor of the Court of Session in Scotland of the 17th of November 1774; that the Petitioner intended on Monday last to have entered into the usual Recognizance, but was prevented from so doing, and the Time limited by-the Standing Order is now expired;” and therefore praying their Lordships, “That he may be at Liberty to enter into a Recognizance for the said Peregrine Cust and David Lothian, the Agent for the Respondents to the said Appeal having signed the said Petition, as consenting thereto:”

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

Allen et al. against Lincorn et al.

The House being moved, “That a Day may be appointed for hearing the Cause, wherein John Bart lett Allen and Elizabeth his Wife, and others, are Appellants, and Frances Hancorn Widow, 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.

Good light against Hatwood, Writ of Error.

The House being moved, “That a Day may be appointed for hearing Counsel, to argue the Errors assigned upon the Writ of Error, wherein Nathan Goodnight is Plaintiff, and Frances Harwood 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.

Mætyn against Allen, Writ of Error.

The House being moved, “That a Day may be appointed for hearing Counsel, to argue the Errors assigned upon the Writ of Error, wherein Charles Martyn Gentleman, is Plaintiff, and Mundeford Allen 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.

Malt, &e. Bill.

A Message was brought from the House of Commons, by Mr. Grey Cooper 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-five;” to which they desire the Concurrence of this House.

Hodie 1a &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-five.”

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.

Suwe’s Nat. Bill.

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

With a Bill, intituled, “An Act for naturalizing Jacob Henry Suwe;” to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Adjourn.

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

Die Jovis, 22o Decembris 1774.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Meneven. Ds. Apsley, Cancellarius. Ds. Bruce.
Comes Gower, Præses. Ds. Mansfield.
Conies Abercorn. Ds. Lyttelton.
Conies Galloway. Ds. Boston.
Comes Dartmouth.
Comes Bucks.
Viscount Falmouth.

PRAYERS.

Sr John Eden et. al. against E. Bute et al:

The Order of the Day being read for hearing Counsel further in the Two Causes, wherein Sir John Eden and others are Appellants, and John Earl of Bute and others are Respondents; the First being an Appeal from Part of a Decree of the Court of Chancery of the 9th December 1773, and the other an Appeal from an Order of the said Court of the 21st January 1774.

Counsel were accordingly called in;

And Mr. Perryn was heard for the Respondents in the Appeal, complaining of Part of the Decree of the 21st of January 1774, relating to Minutes being entered as read.

Mr. Attorney General was heard to reply.

The Counsel were directed to withdraw.

Whereupon,

The following Order and Judgement was made:

After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of Morton Davison Esquire, since deceased, which was brought into this House on the 25th Day of January 1774; and which hath since been revived in the Names of Sir John Eden Baronet, Robert Eden Enquire, and Frederick Eden, Son of the said Robert Eden, Esquire, by the said Robert Eden his Father and next Friend, Jonathan Davison, of Norson in the County of Durham, and George Hartley, of Richmond in the County of York, Esquires; complaining of so much of an Order of the Court of Chancery of the 21st Day of January 1774, made in a Cause wherein the said Morton Davison was Plaintiff, and the Right Honourable John Earl of Bute and others, Defendants, as orders that the Evidence on both Sides be entered as read; and praying, “That the fame might be reversed, or that the Appellants might have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, should seem meet:” As also upon the joint and several Answer of the Right Honourable John Earl of Bute, the Right Honourable Henry Lord Ravensworth, Mary Bowes Widow, the Right Honourable John Bowes Earl of Strathmore, the Right Honourable Mary Eleanor Bowes Countess of Strathmore his Wife, and the Right Honourable John Bowes, commonly called Lord Glamis, an infant, by the said Earl of Strathmore his Father and Guardian, 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 said Order of the 21st of January 1774, complained of in the said Appeal, so far as it directs the Evidence on both Sides, to be entered as read, be, and the fame is hereby revered; and that the Respondents to the said Appeal be at Liberty to apply to the said Court of Chancery, to re-hear the said Cause: And it is further Ordered, That the said Sir John Eden Baronet, Robert Eden Enquire, and Frederick Eden, Son of the said Robert Eden Enquire, by the said Robert Eden, his Father and next Friend, Jonathan Davison, of Norton in the County of Durham, and George Hartley, of Richmond in the County of York, Esquires, Appellants in another revived Appeal of the said Morton Davison Enquire, presented to this House on the 19th Day of January 1774; to which the said John Earl of Bute, Henry Lord Ravensworth, John Bowes Earl of Strathmore, Mary Eleanor Bowes Countess of Strathmore, John Lord Glamis, and Mary Bowes, are Respondents, be at Liberty to withdraw their said Appeal, without Prejudice.

Petitions for Private Bills, Time limited for receiving.

Ordered, That this House will not receive any Petition for a Private Bill After Friday, the 3d Day of March next.

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-five.”

After some Time the House was resumed:

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

Indian Com and Maize. Importation of, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, “An Act to allow the Importation of Indian Corn and Maize, under certain Restrictions,”

After some Time the House was resumed:

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

Suwe’s Nat, Bill.

Hodie 2a vice lecta est Billa, intituled, “An Act for naturalizing Jacob Henry Suwe

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

Ld. President. L. Bp. St. Davids. L. Bruce.
E. Abercorn. L. Mansfield.
E. Galloway. L. Lyttelton.
E. Bucks. L. Boston.
V. Falmouth.

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.

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-five.”

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

It was resolved in the Affirmative.

Indian Corn and Maize, Importation or, Bill.

Hodie 3a vice lecta est Billa, intituled, “An Act: to allow the Importation of Indian Corn and Maize, under certain Restrictions.”

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 ordered to be sent to the House of Commons, by Mr. Montagu and Mr. Cuddon :

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

Cox against Nash, 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 James Cox is Plaintiff, and William Nash is Defendant.

Power against Windis.

The House being moved, “That a Day may be appointed for hearing the Cause wherein David Power is Appellant, and Samuel Windi’s 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.

Causes put off.

Ordered, That the Hearing of the Cause wherein Ann Salter Spinster is Appellant, and Francis Hite and others are Respondents, which stands appointed for Tomorrow, be put off to the First Cause Day After the Recels at Christmas ; and that the Rest of the Causes be removed in Course.

Adjourn.

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

Die Veneris, 23o Decembris 1774.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Archiep. Cantuar. Ds. Apsley, Cancellarius. Ds. Willoughby Br.
Epus. Londin. Comes Gower, Præses. Ds. Cathcart.
Epus. Eliens. Dux Ancaster, Magnus Camerarius. Ds. Trevor.
Epus. Meneven. Comes Abercorn. Ds. Bruce.
Comes Galloway. Ds. Scarsdale.
Comes Bucks. Ds. Boston.
Comes De Lawarr.
Viscount Falmouth.

PRAYERS.

Lords take the Oaths.

The Lords following took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Edmund Lord Bishop of Ely.

Nathaniel Lord Scarsdale

Snwe’s Nat. Bill:

The Lord Boston reported from the Lords Committees, to whom the Bill, intituled, “An Act for naturalizing Jacob Henry Suwe” 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 fame to the House, without any Amendment.”

Hodie 3a vice lecta est Billa, intituled, An Act for naturalizing Jacob Henry Suwe.”

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. Montagu and Mr. Cuddon :

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

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,

He, After a Speech in relation to the Money Bill to be passed, delivered it to the Clerk, who brought it to the Table, where the Deputy Clerk of the Crown read the Title of that and the other Bills to be passed, severally, as follow 5 (videlicet),

Bills passed.

“1. 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-five.”

To this Bill the Royal Assent was pronounced by the Clerk Assistant, in these Words; (videlicet),

Le Roy remercie ses bons Sujets. accepte leur

Benevolence, et ainsi le veult.”

“2. An Act to allow the Importation of Indian Corn and Maize, under certain Restrictions.”

To this Bill the Royal Assent was pronounced by the Clerk Assistant, in these Words; (videlicet),

Le Roy le vcult.”

“3. An Act for naturalizing Jacob Henry Suwe.”

To this Bill the Royal Assent was pronounced by the Clerk Assistant, in these Words; (videlicet),

Soit fait comme il est desire.

Then His Majesty was pleased to retire:

And the Commons withdrew.

The House was adjourned during Pleasure to unrobe,

The House was resumed.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamen. tum continuandum esse usque ad et in diem Veneris, vicesimum diem Januarii jam prox. sequen. hora undecima Auroræ, Dominis sic decernentibus.