February 1784 1-10
DIE Lunæ, 2o Februarii 1784.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Archiep. Cantuar.
Archiep. Ebor.
Epus. Roffen.
Epus. Exon.
Epus. Bangor.
Epus. Litch. & Cov.
Epus. Norvicen.
Epus. Bristol. |
Ds. Thurlow, Cancellarius.
Comes Gower, Præses.
Dux Gordon.
Dux Atholl.
Dux Ancaster & Kesteven.
Dux Bridgewater.
Comes Salisbury, Camerarius.
Comes Denbigh.
Comes Westmorland.
Comes Sandwich.
Comes Cassillis.
Comes Abercorn.
Comes Galloway.
Comes Lauderdale.
Comes Aberdeen.
Comes Dunmore.
Comes Oxford & Mortimer.
Comes Aylesford.
Comes Temple.
Comes Bathurst.
Viscount Weymouth.
Viscount Hampden.
Viscount Sackville. |
Ds. De Ferrars.
Ds. Paget.
Ds. Chedworth.
Ds. Scarsdale.
Ds. Boston.
Ds. Beaulieu.
Ds. Amherst.
Ds. Walsingham.
Ds. Sydney.
Ds. Camelford.
Ds. Eliot.
Ds. Carteret. |
PRAYERS.
King's Answer to Address.
The Lord Chamberlain reported, "That the Lords
with white Staves had (according to Order) waited
on His Majesty, with their Lordships' Address of
Monday last; and that His Majesty was pleased to
receive the same very graciously."
Lord Carteret introduced:
Henry Frederick Carteret Esquire, being by Letters
Patent bearing Date the 29th Day of January, in the
24th Year of His present Majesty, created Baron Carteret of Hawnes, in the County of Bedford, was (in
his Robes) introduced between the Lord de Ferrars
and the Lord Walsingham, (also in their Robes,) the
Gentleman Usher of the Black Rod, and Clarencieux
King at Arms preceding. His Lordship on his Knee
presented his Patent to the Lord Chancellor at the
Woolsack, who delivered it to the Clerk, and the same
was read at the Table: His Writ of Summons was also
read as follows; (videlicet)
George the Third, by the Grace of God of Great
Britain, France, and Ireland, King, Defender of the
Faith, and so forth: To Our Right Trusty and Wellbeloved Counsellor Henry Frederick Carteret of
Hawnes in Our County of Bedford, Chevalier, greeting. Whereas Our Parliament, for arduous and
urgent Affairs, concerning Us, the State and Defence
of Our Kingdom of Great Britain, and the Church,
is now met at Our City of Westminster; We, strictly
enjoining, command you, under the Faith and Allegiance by which you are bound to Us, that considering the Difficulty of the said Affairs, and Dangers impending, all Excuses being laid aside, you be personally present at Our aforesaid Parliament, with Us,
and with the Prelates, Nobles and Peers of Our said
Kingdom, to treat of the aforesaid Affairs, and to
give your Advice: And this you may in no wise omit,
as you tender Us and Our Honour, and the Safety
and Defence of the said Kingdom and Church, and
the Dispatch of the said Affairs.
Witness Ourself at Westminster, the Twenty-ninth Day of January, in the Twenty-fourth
Year of Our Reign.
"Yorke."
Then His Lordship took the Oaths, and made and
subscribed the Declaration; and also took and sub
scribed the Oath of Abjuration, pursuant to the Statutes; and was afterwards placed on the lower End of
the Barons' Bench.
Pedigree delivered.
Clarencieux King at Arms delivered in at the Table
his Lordship's Pedigree, pursuant to the standing
Order.
Thanks to Bishop Landaff for his Sermon.
Ordered, That the Thanks of this House be and
are hereby given to the Lord Bishop of Landaff, for the
Sermon by him preached before this House on Friday
last, in the Abbey Church Westminster; and that he be
desired to cause the same to be forthwith printed and
published.
Nisbet's Divorce Bill.
Ordered, That Richard Hicks Esquire, William
Picket Esquire, Charlton Palmer, John Hughes, William
Edington Esquire, the Reverend John Wareing, Clerk,
Robert Drake, and Hawkins Wall, do attend this House
on Wednesday next, in order to their being examined
as Witnesses upon the second reading of the Bill, intituled, "An Act to dissolve the Marriage of Walter
Nisbet Esquire, with Anne Blomberg his now Wife, and
to enable him to marry again, and for other Purposes
therein mentioned."
Stewart against Stewart.
The House being moved, "That a Day may be appointed for hearing the Cause wherein Robert Stewart
Esquire is Appellant, and Anne Stewart 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.
Fraser et al. against Walsh et al.
The House being moved, "That Monday the 16th
Day of this instant February, may be appointed for
hearing the Cause wherein Simon Fraser Esquire, and
others, are Appellants, and John Walsh Esquire, and
others, are Respondents:"
It is Ordered, That this House will hear the said
Cause by Counsel at the Bar, on Monday the 16th
Day of this Instant February, as desired.
Lord Eliot introduced:
Edward Eliot Esquire, being by Letters Patent bearing Date the 13th Day of January, in the 24th Year of
His present Majesty, created Baron Eliot of Saint Germain's in the County of Cornwall, was (in his Robes)
introduced between the Lord Sydney and the Lord Camelford, (also in their Robes) the Gentleman Usher of
the Black Rod, and Clarencieux King at Arms preceding. His Lordship on his Knee presented his Patent to the Lord Chancellor at the Woolsack, who delivered it to the Clerk; and the same was read at the
Table: His Writ of Summons was also read as follows;
(videlicet)
George the Third, by the Grace of God of Great
Britain, France, and Ireland, King, Defender of the
Faith, and so forth: To Our Right Trusty and Wellbeloved Edward Eliot of Saint Germain's in Our
County of Cornwall, Chevalier, greeting. Whereas
Our Parliament, for arduous and urgent Affairs,
concerning Us, the State and Defence of Our Kingdom of Great Britain, and the Church, is now met
at Our City of Westminster; We, strictly enjoining,
command you, under the Faith and Allegiance by
which you are bound to Us, that considering the
Difficulty of the said Affairs, and Dangers impending,
all Excuses being laid aside, you be personally present at Our aforesaid Parliament, with Us, and with
the Prelates, Nobles, and Peers of Our said Kingdom, to treat of the aforesaid Affairs, and to give
your Advice: And this you may in no wise omit, as
you tender Us and Our Honour, and the Safety and
Defence of the said Kingdom and Church, and the
Dispatch of the said Affairs.
Witness Ourself at Westminster, the Thirtieth
Day of January, in the Twenty-fourth Year
of Our Reign.
"Yorke."
Then his Lordship took the Oaths, and made and
subscribed the Declaration; and also took and subscribed
the Oath of Abjuration pursuant to the Statutes; and
was afterwards placed on the lower End of the Barons'
Bench.
Pedigree delivered.
Clarencieux King at Arms delivered in at the Table
his Lordship's Pedigree, pursuant to the standing Order.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis,
tertium diem instantis Februarii, horâ undecimâ Auroræ, Dominis sic decernentibus.
DIE Martis, 3o Februarii 1784.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Archiep. Ebor.
Epus. Sarum.
Epus. Eliens.
Epus. Roffen.
Epus. Exon.
Epus. Lincoln.
Epus. Bangor.
Epus. Bristol. |
Ds. Thurlow, Cancellarius.
Comes Gower, Præses.
Dux Chandos, Senescallus.
Dux Richmond.
Dux Bridgewater.
Comes Salisbury, Camerarius.
Comes Denbigh.
Comes Carlisle.
Comes Doncaster.
Comes Cholmondeley.
Comes Abercorn.
Comes Galloway.
Comes Aberdeen.
Comes Ferrers.
Comes Effingham.
Comes Temple.
Comes Radnor.
Comes Clarendon.
Viscount Stormont.
Viscount Wentworth.
Viscount Sackville. |
Ds. Chedworth.
Ds. Hawke.
Ds. Amherst.
Ds. Sydney. |
PRAYERS.
Worsleys against March, of Tweeddale and Hay.
The Answer of the most Honourable Frances Marchioness Dowager of Tweeddale and Frances Hay Spinster,
an Infant, to the Appeal of James Worsley and Robert
Worsley Esquires, was this Day brought in.
D. Bolton and others Petition referred to Judges.
Upon reading the Petition of the Most Noble Harry
Duke of Bolton, Thomas Orde of the Parish of Saint
James Westminster, in the County of Middlesex Esquire,
and Jean Mary his Wife, as well on Behalf of themselves,
as for and on the Behalf of William Powlett Orde, their
infant Son, of the Age of Fifteen Months or thereabouts,
Peter Delme of Grosvenor Square in the County of Middlesex Esquire, and Joshua Smith and Drummond Smith,
both of the Parish of Saint Margaret Westminster,
Esquires, praying leave to bring in a Bill, for the Purposes in the said Petition mentioned:
It is Ordered, That the Consideration of the said
Petition be, and is hereby referred to Mr. Justice Nares
and Mr. Justice Buller, 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.
Ruffell against Douglas and Co:
Upon reading the Petition and Appeal of David Russell Accountant in Edinburgh, Trustee for the Creditors
of William Hay of Newhall Esquire, deceased; complaining of an Interlocutor of the Lords of Session in
Scotland, of the 15th of January 1784; and praying,
"That the same may be reversed, varied, or amended,
or that the Appellant may have such other relief in
the Premises as to this House in their Lordships great
Wisdom shall seem meet; and that Messieurs Douglas,
Heron, and Company, late Bankers in Ayr, and
George Home their Manager, may be required to answer the said Appeal:"
It is Ordered, That the said Messieurs Douglas, Heron,
and Company, late Bankers in Ayr, and George Home
their Manager, may have a Copy of the said Appeal,
and do put in their Answer, or respective Answers thereunto in Writing, on or before Tuesday the 2d Day of
March next; and Service of this Order upon the said
Respondents, or upon their known Counsel or Agent
in the Court of Session in Scotland, shall be deemed good
Service.
Chalmer to enter into Recognizance on said Appeal.
The House being moved, "That James Chalmer of
Buckingham Street Gentleman, may be permitted to
enter into a Recognizance for David Russell, on account
of his Appeal depending in this House, he living in Scotland."
It is Ordered, That the said James Chalmer may enter
into a Recognizance for the said Appellant as desired.
Foleys against Grant et al.
The House being moved, "That a day may be appointed for hearing the Cause, wherein the Honourable Andrew Foley and Thomas Foley are Appellants,
and John 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.
Christie's Petition for a Divorce Bill.
Upon reading the Petition of James Christie Esquire,
Captain in His Majesty's late 88th Regiment of Foot,
praying "Leave to bring in a Bill to dissolve his Marriage with Elizabeth Leslie Christie his now Wife, and
to enable him to marry again; and for other Purposes therein mentioned:"
It is Ordered, That leave be given to bring in a
Bill, according to the Prayer of the said Petition.
Lords summoned.
Ordered, That all the Lords be summoned to attend the Service of the House To-morrow.
Nisbet's Divorce Bill.
Ordered, That the Second reading of the Bill, intituled, "An Act to dissolve the Marriage of Walter
Nisbet Esquire, with Anne Blomberg his now Wife,
and to enable him to marry again, and for other
Purposes therein mentioned," which stands appointed
for To-morrow, be put off to Thursday next, and
the Lords summoned; and that the several Witnesses who
were ordered to attend on that Day, do then attend.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii,
quartum diem instantis Februarii, horâ undecimâ Auroræ, Dominis sic decernentibus.
DIE Mercurii, 4o Februarii 1784.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
Georgius Princeps Walliæ.
|
Archiep. Cantuar.
Archiep. Ebor.
Epus. Cicestrien.
Epus. Sarum.
Epus. Petriburg.
Epus. Roffen.
Epus. Wigorn.
Epus. Cestrien.
Epus. Oxon.
Epus. Exon.
Epus. Lincoln.
Epus. Bangor.
Epus. Litch. & Cov.
Epus. Norvicen.
Epus. Bristol. |
Ds. Thurlow, Cancellarius.
Comes Gower, Præses.
Dux Rutland, C. P. S.
Dux Chandos, Senescallus.
Dux Richmond.
Dux Grafton.
Dux Gordon.
Dux. Queensberry.
Dux Atholl.
Dux Ancaster & Kesteven.
Dux Portland.
Dux Manchester.
Dux Bridgewater.
Dux Montagu.
Comes Salisbury, Camerarius.
Comes Derby.
Comes Huntingdon.
Comes Suffolk & Berkshire.
Comes Denbigh.
Comes Westmorland.
Comes Stamford.
Comes Winchelsea, & Nottingham.
Comes Chesterfield.
Comes Sandwich.
Comes Essex.
Comes Carlisle.
Comes Doncaster.
Comes Berkeley.
Comes Scarborough.
Comes Rochford.
Comes Coventry.
Comes Jersey.
Comes Cholmondeley.
Comes Glencairn.
Comes Cassillis.
Comes Abercorn.
Comes Galloway.
Comes Lauderdale.
Comes Aberdeen.
Comes Dunmore.
Comes Marchmont.
Comes Oxford & Mortimer.
Comes Ferrers.
Comes Dartmouth.
Comes Tankerville.
Comes Aylesford.
Comes Effingham.
Comes Bucks.
Comes Fitzwilliam.
Comes Powis.
Comes Egremont.
Comes Temple.
Comes Harcourt.
Comes Hertford.
Comes Cornwallis.
Comes Fauconberg.
Comes De la Warr.
Comes Radnor.
Comes Chatham.
Comes Bathurst.
Comes Ailesbury.
Comes Clarendon.
Comes Mansfield.
Viscount Hereford.
Viscount Townshend.
Viscount Weymouth.
Viscount Stormont.
Viscount Falmouth.
Viscount Wentworth.
Viscount Hampden.
Viscount Mount Edgcumbe & Valletort.
Viscount Sackville.
Viscount Howe.
Viscount Keppel. |
Ds. Abergavenny.
Ds. Audley.
Ds. De Ferrars.
Ds. Paget.
Ds. Say & Sele.
Ds. Craven.
Ds. Osborne.
Ds. Boyle.
Ds. Onslow & Cranley.
Ds. Cadogan.
Ds. King.
Ds. Chedworth.
Ds. Sandys.
Ds. Ponsonby.
Ds. Sondes.
Ds. Grantham.
Ds. Grosvenor.
Ds. Scarsdale.
Ds. Boston.
Ds. Milton.
Ds. Beaulieu.
Ds. Vernon.
Ds. Ducie.
Ds. Camden.
Ds. Sundridge.
Ds. Cardiff.
Ds. Amherst.
Ds. Brownlow.
Ds. Rivers.
Ds. Foley.
Ds. Loughborough.
Ds. Gage.
Ds. Brudenell.
Ds. Walsingham.
Ds. Grantley.
Ds. Rawdon.
Ds. Sydney.
Ds. Camelford.
Ds. Eliot.
Ds. Cartaret. |
PRAYERS.
The Order of the Day being read for the Lords
to be summoned;
It was moved, "That the Act of the 21st of George
the Third, Chapter 65, might be read:"
The same was accordingly read by the Clerk:
Resolutions in Votes of H. C. and Journals read.
Moved, "That a Resolution in the Votes of the
House of Commons of the 24th of December 1783,
might be read:"
The same was accordingly read by the Clerk:
Moved, "That a Resolution in the Lords Journals
of the 27th of February 1704, might be read:"
The same was accordingly read by the Clerk:
Moved, "That four Resolutions in the Votes of the
House of Commons of the 12th of January 1784,
might be read:"
The same were accordingly read by the Clerk:
Moved, "That a Resolution in the Votes of the
House of Commons of the 16th of January 1784,
might be read:"
The same was accordingly read by the Clerk:
Resolution that an attempt in one Branch of the Legislature separately to suspend the Law is unconstitutional.
Then it was moved to resolve, "That an Attempt
in any one Branch of the Legislature, to suspend the
Execution of Law by separately assuming to itself
the Direction of a discretionary Power, which by
Act of Parliament is vested in any Body of Men, to
be exercised as they shall judge expedient is, unconstitutional."
Which being objected to;
After long Debate,
The Question was put thereupon?
It was resolved in the Affirmative.
Resolved by the Lords Spiritual and Temporal in
Parliament assembled, "That an Attempt in any one
Branch of the Legislature, to suspend the Execution
of Law by separately assuming to itself the Direction
of a discretionary Power, which by Act of Parliament is vested in any Body of Men, to be exercised
as they shall judge expedient, is unconstitutional."
Resolution that the Appointment to the Offices of executive Government issolely vested in His Majesty;
Moved to resolve, "That according to the known
Principles of this excellent Constitution, the undoubted Authority of appointing to the great Offices of the
executive Government is solely vested in His Majesty, and that this House has every reason to place the
firmest reliance on His Majesty's Wisdom in the Exercise of this Prerogative:"
The Question was put thereupon?
It was resolved in the Affirmative.
Resolved, by the Lords Spiritual and Temporal in
Parliament assembled, "That according to the known
Principles of this excellent Constitution, the undoubted Authority of appointing to the great Offices of
executive Government is solely vested in His Majesty, and that this House has every reason to place the
firmest Reliance on His Majesty's Wisdom, in the Exercise of this Prerogative."
Motion for Address thereon:
Moved, "That an humble Address be presented
to His Majesty, to acknowledge with great Satisfaction the Wisdom of our happy Constitution, which
places in His Majesty's hand the undoubted Authority of appointing to all the great Offices of executive Government. We have the firmest Reliance
on His Majesty's known Wisdom and paternal
Goodness, that he will always be anxious to call
into and continue in his Service, Men the most deserving of the Confidence of His Parliament, and
the Public in general.
"In this Confidence, we beg Leave to approach
His Majesty with our most earnest Assurances, that
we will on all Occasions support His Majesty in the
just Exercise of those Prerogatives, which the Wisdom of the Law has entrusted to His Majesty, for
the Preservation of our Lives and Properties, and
upon the due and uninterrupted Exercise of which
must depend the Blessings which His People derive
from the best of all Forms of Government."
The Question was put thereupon?
It was resolved in the Affirmative.
Then the Lords following were appointed a Committee
to prepare an Address purfuant thereto; (videlicet)
|
Ld. President.
Ld. Privy Seal.
Ld. Steward.
D. Richmond.
D. Gordon.
D. Queensberry.
D. Ancaster & Kesteven.
D. Bridgewater.
L. Chamberlain.
E. Denbigh.
E. Coventry.
E. Marchmont.
E. Ferrers.
E. Effingham.
E. Radnor.
E. Chatham.
V. Weymouth.
V. Falmouth.
V. Wentworth.
V. Mount Edgcumbe & Valletort.
V. Howe. |
L. Abp. Canterbury.
L. Abp. York.
L. Bp. Rochester.
L. Bp. Worcester.
L. Bp. Lincoln.
L. Bp. Bangor. |
L. Osborne.
L. Grantham.
L. Grosvenor.
L. Milton.
L. Beaulieu.
L. Camden.
L. Brudenell.
L. Walsingham.
L. Sydney. |
Their Lordships, or any Five of them, to meet
immediately in the Prince's Lodgings near
the House of Peers; and to adjourn as they
please.
The House was adjourned during Pleasure; and the
Committee withdrew to prepare the Address.
After some Time the House was resumed:
Address reported and agreed to.
And the Earl of Effingham reported from the Committe an Address drawn by them as follows; (videlicet)
Most Gracious Sovereign,
We Your Majesty's most dutiful and loyal Subjects, the Lords Spiritual and Temporal in Parliament assembled, acknowledge with great Satisfaction the Wisdom of our happy Constitution, which
places in Your Majesty's hand the undoubted Authority of appointing to all the great Offices of executive Government. We have the firmest Reliance on Your Majesty's known Wisdom and paternal Goodness, that You will always be anxious
to call into and continue in Your Service, Men the
most deserving of the Confidence of Your Parliament and the Public in general.
"In this Confidence we beg Leave to approach Your
Majesty with our most earnest Assurances, that we
will on all occasions support Your Majesty in the
just Exercise of those Prerogatives, which the Wisdom of the Law has entrusted to Your Majesty, for
the Preservation of our Lives and Properties, and
upon the due and uninterrupted Exercise of which must
depend the Blessings which Your People derive
from the best of all Forms of Goverment."
Which Address, being read by the Clerk, was agreed
to by the House.
Ordered, That the said Address be presented to
His Majesty by the whole House.
Ordered, That the Lords with white Staves do
wait on His Majesty humbly to know what Time His
Majesty will please to appoint to be attended therewith.
Nisbet's Divorce Bill:
Ordered, That the Second reading of the Bill, intituled, "An Act to dissolve the Marriage of Walter
Nisbet Esquire with Anne Blomberg his now Wife,
and to enable him to marry again, and for other
Purposes therein mentioned;" which stands appointed for To-morrow, be put off to Friday next,
and the Lords summoned; and that the several Witnesses who were ordered to attend on that Day do then
attend.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, quintum diem instantis Februarii, horâ undecimâ Auroræ
Dominis sic decernentibus.
DIE Jovis, 5o Februarii 1784.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Archiep. Cantuar.
Archiep. Ebor.
Epus. Sarum.
Epus. Roffen.
Epus. Wigorn.
Epus. Bangor.
Epus. Bristol. |
Ds. Thurlow, Cancellarius.
Comes Gower, Præses.
Dux Chandos, Senescallus.
Dux Richmond.
Dux Gordon.
Dux Atholl.
Comes Abercorn.
Comes Galloway.
Comes Ferrers.
Comes Effingham.
Comes Fitzwilliam.
Comes Temple.
Comes Harcourt.
Comes Chatham.
Viscount Mount Edgcumbe & Valletort. |
Ds. Osborne.
Ds. Boston.
Ds. Cardiff.
Ds. Rawdon.
Ds. Sydney.
Ds. Camelford. |
PRAYERS.
His Majesty to be attended with Address.
The Lord Steward reported, "That the Lords with
white Staves had (according to Order) waited on
His Majesty humbly to know what Time His Majesty would please to appoint to be attended with
their Lordships' Address; and that His Majesty had
appointed this Day, at half an hour past three
o'Clock, at His Palace of St. James's."
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris,
sextum diem instantis Februarii, horâ undecimâ Auroræ, Dominis sic decernentibus.
DIE Veneris, 6o Februarii 1784.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. Wigorn.
Epus. Cestrien.
Epus. Lincoln.
Epus. Bangor.
Epus. Bristol. |
Ds. Thurlow, Cancellarius.
Comes Gower, Præses.
Dux Richmond.
Dux Beaufort.
Comes Westmorland.
Comes Carlisle.
Comes Berkeley.
Comes Cassillis.
Comes Galloway.
Comes Lauderdale.
Comes Aberdeen.
Comes Strafford.
Comes Gower.
Comes De la Warr.
Comes Bathurst.
Comes Clarendon.
Viscount Mount Edgcumbe & Valletort.
Viscount Sackville.
Viscount Howe. |
Ds. Abergavenny.
Ds. Say & Sele.
Ds. Chedworth.
Ds. Scarsdale.
Ds. Amherst.
Ds. Brownlow.
Ds. Rivers.
Ds. Sydney. |
PRAYERS.
King's Answer to Address.
The Lord Chancellor reported, "That the House
did Yesterday present their Address to His Majesty,
to which His Majesty was pleased to return the following most Gracious Answer:"
My Lords;
I thank you for this dutiful and loyal Address,
and I desire You will rest assured that I have no
Object in the Choice of Ministers, but to call into
My Service Men the most deserving of the Confidence of My Parliament and of the Public in
general.
"I cannot too often repeat My Assurances, that
My constant Study in the Exercise of every Prerogative, entrusted to Me by the Constitution, is to
employ it for the Welfare of My People."
Ordered, That the said Address, together with
His Majesty's most Gracious Answer thereto, be forthwith printed and published.
Nisbet's Divorce Bill.
The Order of the Day being read for the Second
reading of the Bill, intituled, "An Act to dissolve
the Marriage of Walter Nisbet Esquire with Anne
Blomberg his now Wife, and to enable him, to marry
again, and for other Purposes therein mentioned;"
and for hearing Counsel for and against the same;
and for the Lords to be summoned;
Counsel were accordingly called in;
And Mr. Bearcrost and Mr. Thomson appearing as
Counsel for the Bill, and Mr. Hardyng and Mr. Pigot
appearing as Counsel for Mrs. Nisbet;
The said Bill was accordingly read a second Time;
and Mr. Bearcrost was heard in support of the Bill,
and to make out the Allegations thereof, and in order
to prove the Marriage, called William Graham, who
being sworn produced an Extract from the Register of
Marriages, in the Parish of Saint James's, Westminster,
and declaring, "the same was a true Copy, he having
examined it with the original Register Book of the
said Parish;" the same was read, whereby it appeared that Walter Nisbet was married to the said Anne
Blomberg Widow, by Licence from the Archbishop of
Canterbury, on the 6th Day of October 1775.
He was directed to withdraw.
Then the Reverend John Waring Clerk was called in,
who being sworn acquainted the House, "That he
married the said Mr. Nisbet and Anne Blomberg Widow, on the 6th of October 1775." Being asked,
If he had seen Mr. Nisbet before the Marriage," said,
Yes."
He was directed to withdraw.
Then Robert Drake was called in, and being sworn
produced the Settlement made on the Marriage of Mr.
and Mrs. Nisbet, dated 6th September 1775, and acquainted the House, "That he was present at the Execution thereof, and was a subscribing Witness."
And Mr. Hardinge, Counsel for Mrs. Nisbet, desiring
"That the same might be read in order to shew that
it was partially stated in the Bill;" the same was
read at the Bar.
He was directed to withdraw.
Then Robert Thomson was called in and being sworn,
produced an Office Copy of the Record in the King's
Bench Treasury, of the Judgement given by that Court
in Easter Term 1783, against Captain Thomas Totty of
His Majesty's Navy, for criminal Conversation with
the said Mrs Nisbet; the same was read.
He was directed to withdraw.
Then Mark Holman Deputy Registrar of the Consistory Court of the Bishop of London, was called in,
and being sworn produced the original definitive Sentence of Divorce against the said Mrs. Nisbet, for Adultery with the said Captain Totty, and read the same at
the Bar.
He was directed to withdraw.
Then William Borton was called in, and being sworn,
acquainted the House, "That he was Steward for the
Yorkshire Estate mentioned in the Marriage Settlement, that the nett Income of the said Estate is now
1,097l. 16s. 8d. but that there was a Mortgage upon
it of 5000l. the Interest of which was at first 4½ per
Cent, but he don't know what Interest is now paid
as he never paid the Interest of the Mortgage; that
the said Mortgage was granted by Mr. Blomberg,
Mrs. Nisbet's first Husband;" being asked "If he
knew any thing of an Annuity charged upon the said
Estate," said, "He had heard there was one but did
not know the Extent of it, and that it was charged
upon the said Estate by Mr. and Mrs. Nisbet."
He was directed to withdraw.
Then Hugh Stevenson was called in, and being sworn
acquainted the House, "That he has lived with Mr.
Nisbet as Butler upwards of Eight Years; that he
knows Captain Totty, who often visited his Master;
that he was introduced to his Master, in 1780, by a
Colonel Butler; that about Two Months after, Captain Totty began visiting his Master; that he, the Witness, began to entertain Suspicions of improper Familiarities between the Captain and Mrs. Nisbet; that
he observed they were frequently alone together when
the Family was in bed, and used to remain so frequently till Three o'Clock in the Morning; that
sometimes Mrs. Nisbet slept apart from her Husband;
that one Night, suspecting the Captain and Mrs. Nisbet were together, he went, about Twelve o'Clock
at Night, to the Dining-Room Door, which he found
locked; that he returned some time after, and listening, heard a Noise in the Room, which seemed as if
one of them had fallen from the Sopha; that he
afterwards saw them together at Twelve o'Clock at
Night, the Captain having his Arm round Mrs. Nisbet's Neck; that he saw no more Familiarities till the
Family went to Stone near Margate, in June; Captain Totty came there, and staid about Ten days;
Mr. Nisbet being indisposed, went there for his Health;
that he there frequently saw Captain Totty go into
Mrs. Nisbet's Bed-Room about Twelve o'Clock at
Night, and Mrs. Nisbet go to the Captain's BedRoom, both only in their Night-Gowns; that Captain Totty then went to London, and returned in December, and staid a Month at Mr. Nisbet's; that in
1781, Mr. Nisbet went to the West Indies, and continued there Eighteen Months, when he returned;
that his Master and Mistress went to Lord Gage's,
near Lewes, on a Visit, and that Captain Totty came
some time after to Lord Gage's; that before his coming, Mr. and Mrs. Nisbet lay together, but when he
came, she pretended Indisposition, and lay by herself;
that in April 1783, Captain Totty came to Mr. Nisbet's; that he saw nothing pass between him and
Mrs. Nisbet till May, when he saw him go into Mrs.
Nisbet's Bed-Chamber; that he then went and acquainted Major West (who was on a Visit at his Master's) with what he had seen; that Major West went
with the Witness to Captain Totty's Room, but he
was not in his Room; that on the 6th of May Major
West acquainted Mr. Nisbet with what the Witness
had told him; that the Witness also told Mr. Nisbet
all that he had seen; that he was directed to watch
again that Night, which he did, and upon his seeing
Captain Totty going into Mrs. Nisbet's Room, he
went and acquainted Major West and his Master with
it; that they then all went into Mrs. Nisbet's Room, and
found Captain Totty and Mrs. Nisbet in Bed together."
Being asked, "If he thought Mr. Nisbet entertained any
suspicion of his Wife's Insidelity previous to the 6th of
May?" said, "He verily believed not; that it was Mr.
Nisbet's general Custom to go to bed about Eleven
o'Clock, unless there was any very particular Company
in the House; that he never left Mrs. Nisbet alone with
Captain Totty; Miss Marshbank at Stone used to be
with her when she went to bed, and other Company;
that the Witness never mentioned what he had seen
to his Master till the 6th of May 1783; that he gave
the same Evidence he has now given before the Sheriff's Court and the Spiritual Court; that he mentioned what he had seen relative to Mrs. Nisbet's conduct at Stone to a Mr. Heddington, a Friend of his
Master's, who was on a Visit there, but he advised
him not to take any Notice of it, as it was a very
delicate Business; that since Mr. and Mrs. Nisbet
parted, he believes that his Master has never seen
her; that he has been with him ever since, and not
absent from him three Hours at a time, except in the
Night; that she might be sometimes in London, and
that they had no Children when they parted."
He was directed to withdraw.
Then Major John West was called in, and being
sworn, acquainted the House, "That he has been intimate with Mr. Nisbet for Twenty-five Years; that
they went to School together; that he knows Captain
Totty, and has met him frequently at Mr. Nisbet's;
that he first saw him there in 1780; that he was very
intimate there, and frequently lay there; that the first
Intimation of any thing improper passing between
Captain Totty and Mrs. Nisbet was given him by a
Friend of Mr. Nisbet's, about June 1782, in consequence of which he paid more Attention to their
Conduct; that in the Night on the 5th of May 1783,
Stevenson, Mr. Nisbet's Butler, about Twelve o'Clock,
came to his Bed-Chamber Door, and told him that
Captain Totty and Mrs. Nisbet were in Bed together
in Mrs. Nisbet's Room; that he immediately got up,
and went with Stevenson to Captain Totty's BedChamber, but did not find him there; that Stevenson
desired the Witness to tell Mr. Nisbet of it, but
he advised him to defer it till Morning, and bid
him go to bed; that the next Morning the Witness told Mr. Nisbet what Stevenson had seen, and
said, that he was so shocked upon hearing it, that he
fainted away, and was obliged to be blooded; that
upon his growing calmer, it was agreed to wait the
Discovery till Night; that Stevenson was ordered to
watch and give Notice to them; that at Night, about
Twelve o'Clock, Stevenson came and told them they
were together, on which Mr. Nisbet, the Witness, and
Stevenson went into Mrs. Nisbet's Bed-Chamber, and
found Captain Totty in Bed with Mrs. Nisbet; that
Mr. Nisbet pulled the Captain out of Bed, and it was
with the utmost Difficulty the Witness could prevent
Blows being given; that Captain Totty immediately
quitted the House." Being asked, "Who it was
that gave him the first Intimation of Mrs. Nisbet's
Conduct?" said, "It was a Mr. Heddington." Being
asked, "If Mr. Nisbet used to leave, when he went to
Bed, Mrs. Nisbet and Captain Totty alone?" said,
No; that there was generally other Company in the
Room when he went away." Being asked, "Why
he had not made Mr. Nisbet acquainted with what he
had heard in 1782, and his own Observations pre
vious to the 5th of May?" said, "His Reason was
that he could not then bring any Proof."
He was directed to withdraw.
Then (fn. 1) Hedington was called in, and being
sworn, acquainted the House, "That he knows Mr. and
Mrs. Nisbet, and frequently visited them; that Stevenson the Butler told him at Stone what he had seen
pass between Captain Totty and Mrs. Nisbet on the
Morning the Witness was coming away from Stone;
that he told him the Shortness of Time prevented
him from advising him what to do; but upon the
whole he thought it was best for him to take no Notice to Mr. Nisbet of what he had seen, as it was a
delicate Business."
He was directed to withdraw.
And Mr. Bearcroft acquainting the House, "That he
had some more Witnesses to produce;"
The Counsel were directed to withdraw.
Ordered, That the further Consideration of the
said Bill, and for hearing Counsel and Witnesses for
and against the same, be adjourned to Monday next;
and that the Lords be summoned.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ,
nonum diem instantis Februarii, horâ undecimâ Auroræ,
Dominis sic decernentibus.
DIE Lunæ, 9o Februarii 1784.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. Exon.
Epus. Lincoln.
Epus. Bangor.
Epus. Bristol. |
Ds. Thurlow, Cancellarius.
Comes Gower, Præses.
Dux Rutland, C. P. S.
Dux Beaufort.
Dux Gordon.
Dux Bridgewater.
Comes Salisbury, Camerarius.
Comes Westmorland.
Comes Sandwich.
Comes Doncaster.
Comes Berkeley.
Comes Abingdon.
Comes Glencairn.
Comes Abercorn.
Comes Lauderdale.
Comes Aberdeen.
Comes Marchmont.
Comes Oxford & Mortimer.
Comes Ferrers.
Comes Aylesford.
Comes De la Warr.
Comes Radnor.
Comes Chatham.
Comes Bathurst.
Comes Clarendon.
Viscount Sackville. |
Ds. Paget.
Ds. Say & Sele.
Ds. Chedworth.
Ds. Amherst.
Ds. Brownlow.
Ds. Rivers.
Ds. Rawdon. |
PRAYERS.
Carse against His Majesty's Advocate, &c.
The Answer of His Majesty's Advocate and Solicitor
General for Scotland to the Appeal of James Carse was
this Day brought in.
E. Craufurd against Lady, M. Campbell et al:
Upon reading the Petition and Appeal of George Earl
of Craufurd and Lindsay, complaining of Four Interlocutors of the Lords of Session in Scotland, of the 11th
of February, the 8th of August, and 20th of December
1783, and 3d of this Instant, February; and praying,
"That the same may be reversed, varied, or amended,
or that the Appellant may have such other Relief in
the Premises as to this House, in their Lordships'
great Wisdom, shall seem meet; and that Lady
Mary Campbell, Sister of the late John Earl of Craufurd, the Honourable Henry Erskine, Advocate, and
William Walker, Attorney in the Court of Exchequer
in Scotland, may be required to answer the said Appeal:"
It is Ordered, That the said Lady Mary Campbell,
Henry Erskine, and William Walker, may have a Copy
of the said Appeal, and do put in their Answer or respective Answers thereunto in Writing, on or before
Monday the 8th Day of March next; and Service of
this Order upon the said Respondents, or upon any of
their known Counsel or Agents in the Court of Session
in Scotland, shall be deemed good Service.
Chalmer to enter into a Recognizance said Appeal.
The House being moved, "That James Chalmer of
Buckingham Street, Gentleman, may be permitted to
enter into a Recognizance for George Earl of Craufurd
and Lindsay, on account of his Appeal depending in
this House, he living in Scotland:"
It is Ordered, That the said James Chalmer may
enter into a Recognizance for the said Appellant as
desired.
A Message was brought from the House of Commons
by Mr. Meadows and others:
Nottingham Road Bill.
With a Bill, intituled, "An Act for enlarging the
Term and Powers of an Act, made in the Fourth
Year of the Reign of His present Majesty, for repairing and widening the Road from Bramcote Odd
House, in the County of Nottingham, to the Cross
Post upon Smalley Common, in the County of Derby,
and from Ilkeston to the Towns of Heanor and Shipley, in the said County of Derby, and from Trowell,
in the County of Nottingham, to the Town of Nottingham, except so far as relates to the Road leading
from Ilkeston to the Town of Shipley;" to which
they desire the Concurrence of this House.
The said Bill was read the first Time.
Nisbet's Divorce Bill.
The Order of the Day being read for the further
Consideration of the Bill, intituled, "An Act to dissolve the Marriage of Walter Nisbet Esquire, with
Anne Blomberg, his now Wife, and to enable him to
marry again, and for other Purposes therein mentioned;" and for the further hearing of Counsel and
Witnesses for and against the said Bill; and for the
Lords to be summoned:
Counsel were accordingly called in;
And Mr. Bearcroft again called William Burton, the
Steward of the Yorkshire Estate, who being examined,
acquainted the House "That he made the following
Payments on Mr. Blomberg's Account:
To Mr. Walker, £.400, borrowed by Mr. Blomberg."
"To Mr. Atkinson, £.39."
"Three Boys' Legacies, left by a Mrs. Neal, £.30."
"To Mr. Lambert, £. 417."
"And that these Sums were paid by Mr. Nisbet;
and that Mrs. Blomberg was left Executrix."
He was directed to withdraw.
Then the Counsel for Mr. Nisbet was heard in support of the Bill, and to observe upon the Evidence.
Then Mr. Hardinge was heard for Mrs. Nisbet relative to the Provision Clause in the Bill, and called
Charlton Palmer, who being sworn, produced a Deed
executed by Mr. and Mrs. Nisbet, charging Mrs. Nisbet's
Life Estate in Mr. Blomberg's Fortune, with £.300 per
Annum. The Deed is dated the 14th of April 1779;
and the same was read.
He was directed to withdraw.
Then Edward Elwick was called in, and being sworn
and examined, acquainted the House, "That he valued
the Household Furniture at Kirby Overeast (fn. 2) , in Yorkshire, in 1779, at £.1,259. 2s. 5d.; that there was
sold as much of it as amounted to £.1,058. 2s. 6d.,
and that he paid to Mr. Clever £.200. 6s. 5d. for
what remained unsold." Being asked, "If these
Goods were Mrs. Blomberg's?" said, "He was employed to value and sell them by Mr. Nisbet, but that
he did not tell him whose Goods they were." Being
asked, "If the Goods were old or modern?" said,
They were not modern."
He was directed to withdraw.
Then John Watson was called in, and being sworn and
examined, acquainted the House, "That all the Running Horses and other Horses, Cows, Carts, &c. at
Kirby Overcart (fn. 3) , were sold for about £.400, about a
Year or two after Mr. Blomberg's Death." Being
asked, "If they were Mr. Blomberg's?" said, "Yes."
He was directed to withdraw.
Then Mr. Alderman Pigot was called in, and being
sworn and examined, acquainted the House, "That he
had purchased Plate of Mr. Nisbet, at different Times,
to the Amount of £.936. in exchange for Plate
bought by Mr. Nisbet; that the Plate was in three
different Parcels, some Mr. Blomberg's, some Mrs.
Neal's, and some Mr. Nisbet's; that the greatest Part
of it was Mr. Blomberg's; that the Value of his might
be about Five or Six Hundred Pounds; that he
bought Mrs. Nisbet's Jewels, and gave for them
£.490; that he gave a Draft for the Money, payable
to Mr. Nisbet's Order to Mrs. Nisbet, and that she
received it; that he knew these Jewels were Mr.
Blomberg's, he having bought them of him, and that
he re-set them for Mrs. Nisbet."
He was directed to withdraw.
Then Mr. Pigot was heard on behalf of Mrs. Nisbet.
Mr. Bearcroft was heard to reply.
The Counsel were directed to withdraw.
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 Friday next.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis,
decimum diem instantis Februarii, horâ undecimâ Auroræ, Dominis sic decernentibus.
DIE Martis, 10o Februarii 1784.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. Roffen.
Epus. Bangor. |
Ds. Thurlow, Cancellarius.
Comes Abercorn.
Viscount Sackville. |
Ds. Chedworth.
Ds. Scarsdale.
Ds. Amherst. |
PRAYERS.
Nottingham Road Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for
enlarging the Term and Powers of an Act, made in the
Fourth Year of the Reign of His present Majesty, for
repairing and widening the Road from Bramcote Odd
House, in the County of Nottingham, to the Cross
Post upon Smalley Common, in the County of Derby,
and from Ilkeston to the Towns of Heanor and Shipley, in the said County of Derby, and from Trowell,
in the County of Nottingham, to the Town of Nottingham, except so far as relates to the Road leading
from Ilkeston to the Town of Shipley."
Ordered, That the said Bill be committed to the
Consideration of the Lords following:
|
E. Abercorn.
V. Sackville. |
L. Bp. Rochester.
L. Bp. Bangor. |
L. Chedworth.
L. Scarsdale.
L. Amherst. |
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
of Peers; and to adjourn as they please.
Fraser and Maxton against Walsh et al:
A Petition of Simon Fraser Esquire, and John Maxton,
Appellants in a Cause depending in this House, to which
John Walsh Esquire, and others, are Respondents, which
stands appointed for hearing, was presented and read;
setting forth, "That the Appellants are advised to
"withdraw their Appeal in this Cause;" and therefore
praying "Their Lordships will be pleased to allow the
Petitioners to withdraw their said Appeal:"
And thereupon the Agents on both Sides were called
in, and heard at the Bar; and being withdrawn,
Appeal withdrawn.
Ordered, That the Petitioners be at Liberty to
withdraw their said Appeal as desired, upon Payment
of Forty Pounds Costs to the Respondents.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii,
undecimum diem instantis Februarii, horâ undecimâ
Auroræ, Dominis sic decernentibus.