DIE Jovis, 27o Octobris 1785.
||Ds. Thurlow, Cancellarius.
||Ds. Sydney, Unus Primariorum Secretariorum.|
Sturrock and Stewart against Porter and Ogilvie:
Upon reading the Petition and Appeal of Messieurs
Sturrock and Stewart Merchants in Dundee, complaining of Two Interlocutors of the Lords Ordinary in
Scotland of the 9th and 24th of December 1784, and
also of Two Interlocutors of the Lords of Session there
of the 16th of June, and 4th of August 1785; and
praying, "That the same may be reversed, varied, or
altered, or that the Appellants may have such other
Relief in the Premises, as to this House in their Lordships' great Wisdom shall seem meet; and that Mr.
William Porter of St. Petersburg Factor and Merchant,
and Mr.Alexander Ogilvie Merchant in Leith, may
be required to Answer the said Appeal:"
It is Ordered, That the said William Porter and
Alexander Ogilvie may have a Copy of the said Appeal,
and do put in their Answer, or respective Answers thereunto in Writing, on or before Thursday the 24th Day
of November next; and Service of this Order upon the
Counsel or Agents of the said Respondents in the Court
of Session in Scotland shall be deemed good Service.
Spottiswoode to enter into Recognizance on said Appeal.
The House being moved, "That John Spottiswoode
of Sackville Street Gentleman, may be permitted to
enter into a Recognizance for Messieurs Sturrock and
Stewart, Merchants in Dundee, on account of their
Appeal depending in this House, they living in
It is Ordered, That the said John Spottiswoode may
enter into a Recognizance for the said Appellants, as desired.
Gordon against Tait:
Upon reading the Petition and Appeal of Alexander
Gordon of Culvennan Esquire Advocate, complaining
of Three Interlocutors of the Lord Ordinary in Scotland
of the 24th of November, and 12th of December 1780,
and 26th of January 1781; also of Two Interlocutors
of the Lords of Session there of the 19th of June, and
6th of July 1782; also of Four other Interlocutors of
the said Lord Ordinary of the 17th of June 1783, and
12th, 19th, and 28th of July 1785; and also of
another Interlocutor of the said Lords of the 10th of
August 1785; and praying, "That the same may be
reversed, varied, or altered, or that the Appellant
may have such other Relief in the Premises as to this
House in their Lordships' great Wisdom shall seem
meet; and that John Tait Writer to the Signet may
be required to Answer the said Appeal:"
It is Ordered, That the said John Tait may have
a Copy of the said Appeal, and do put in his Answer
thereunto in Writing, on or before Thursday the 24th
Day of November next: and Service of this Order
upon the said Respondent, or upon any of his Counsel
or Agents 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, in the County of Middlesex, Gentleman, may be permitted to enter into a Recognizance for Alexander Gordon, of Culvennan Esquire
Advocate, on Account of his Appeal depending in
this House, he residing in Scotland:"
It is Ordered, That the said James Chalmer may
enter into a Recognizance for the said Appellant, as
Ld. Rodney against Boldero et al.: Plaintiff's Petition to file Assignment of Errors, rejected:
Upon reading the Petition of the Right Honourable
George Bridges Lord Rodney; setting forth, "That the
Petitioner brought a Writ of Error returnable in their
Lordships' House, in a Suit depending between Henry
Boldero and others Plaintiffs, and the Petitioner Defendant upon a Judgement given in the Court of
King's Bench: That the Record was delivered into
this House on the 2d of August last, when the House
adjourned to the 27th of October: That the Petitioner
did not assign any Errors in the said Judgement
conceiving that the same would be not received
during the said Adjournment, and the Petitioner
intends to prosecute the said Writ with Effect:
That the Petitioner's Agent, upon bringing an
Assignment of Errors to the Parliament Office, a
Doubt has arisen whether the same could be received
without their Lordships' Order for that Purpose;"
and therefore praying, "That their Lordships will be
pleased to permit the Petitioner to file his said Assignment of Errors to the said Writ and Judgement:"
It is Ordered, That the said Petition be rejected.
Writ of Error Nonpros'd with Costs.
Upon reading the Petition of Henry Boldero and others,
Defendants in a Writ of Error, depending in this House,
wherein George Brydges Lord Rodney is Plaintiff; setting forth, "That the Plaintiff has not assigned Errors
within the Time limited by their Lordships' standing
Order;" and therefore praying, "That the said Writ
of Error may be Non-pros'd with such Costs as to
their Lordships shall seem meet:"
It is Ordered, That the Petitioners do forthwith
enter a Non-pros 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 Defendants in Error, the Sum of Forty Pounds
for their Costs, by reason of the Delay of the Execution
of the said Judgement.
The Lord Chancellor acquainted the House, That His
Majesty had been pleased to issue a Commission under
the Great Seal for proroguing of the 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 Sydney on his Left, commanded the
Yeoman 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 Commission was read by the Clerk, as follows;
Commission for Proroguing the Parliament.
George the Third, by the Grace of God, of
Great Britain, France, and Ireland King, Defender
of the Faith, and so forth; to Our most dear Son
and faithful Counsellor, George Prince of Wales, Our
most dear Brothers and faithful Counsellors, William
Duke of Gloucester, Henry Duke of Cumberland, the
most Reverend Father in God, and Our faithful
Counsellor, John Archbishop of Canterbury, Primate
and Metropolitan of all England; Our well-beloved
and faithful Counsellor, Edward Lord Thurlow, Our
Chancellor of Great Britain; the most Reverend Father in God, and Our faithful Counsellor William
Archbishop of York, Primate and Metropolitan of
England; Our well-beloved and faithful Counsellor
Charles Lord Camden, President of Our Council;
Our most dear Cousins and Counsellors, Granville
Earl Gower, Keeper of Our Privy Seal; James Duke
of Chandos, Steward of Our Household; Edward
Duke of Somerset, Charles Duke of Richmond, Augustus
Henry Duke of Grafton, Harry Duke of Bolton, Thomas Duke of Leeds, George Duke of Marlborough,
Charles Duke of Rutland, William Henry Duke of Portland, George Duke of Manchester, John Frederick
Duke of Dorset, Henry Duke of Newcastle, Hugh Duke
of Northumberland, George Duke of Montagu, George
Marquis of Rockingham, William Marquis of Lansdown, James Earl of Salisbury, Chamberlain of Our
Household; Edward Earl of Derby, Francis Earl of
Huntingdon, Basil Earl of Denbigh, Philip Earl of
Chesterfield, John Earl of Sandwich, Frederick Earl
of Carlisle, George Bussy Earl of Jersey, George James
Earl of Cholmondeley, Thomas Earl of Kinnoul, William
Earl of Dartmouth, Charles Earl of Tankerville, He
neage Earl of Aylesford, George Earl Waldegrave,
John Earl of Ashburnham, Thomas Earl of Effingham,
John Earl of Buckinghamshire, Francis Earl of Hertford, Charles Earl Cornwallis, Philip Earl of Hardwicke, Robert Earl of Northington, Henry Earl Bathurst, Wills Earl of Hillsborough, Thomas Earl of
Ailesbury, Thomas Earl of Clarendon, William Earl of
Mansfield, Our Chief Justice assigned to hold Pleas
before Us; George Earl of Leicester, George Viscount
Townshend, Thomas Viscount Weymouth, David Viscount Stormont, George Viscount Mount Edgcumbe
and Valletort, Richard Viscount Howe, Augustus Viscount Keppel, the Right Reverend Father in God,
and Our faithful Counsellor, Robert Lord Bishop of
London; Our well-beloved and faithful Counsellors
Francis Lord Osborne, One of Our Principal Secretaries of State; Thomas Lord Sydney, One other of Our
Principal Secretaries of State; George Lord Onslow,
William Lord Ponsonby, Thomas Lord Grantham, Thomas Lord Pelham, John Lord Cardiff, Jeffery Lord
Amherst, Alexander Lord Loughborough, Chief Justice of Our Court of Common Pleas; Thomas Lord
Walsingham, Fletcher Lord Grantley, and Henry Frederick Lord Carteret, Greeting: Whereas for certain arduous and urgent Affairs concerning Us, the
State and Defence of Our Kingdom of Great Britain and the Church, We did order this Our present
Parliament to begin and to be holden at Our City of
Westminster, the Eighteenth Day of May, in the Twenty-Fourth Year of Our Reign, on which Day Our
said Parliament was begun and held, and from thence
continued by several Adjournments and Prorogations
until and to Thursday the Twenty-seventh Day of this
Instant October, at Our said City of Westminster, then
there to be held and prosecuted: Know Ye nevertheless, that for certain urgent Causes and Considerations,
Us especially moving, We have thought fit to prorogue Our said Parliament; therefore We considing
very much in Your Fidelity, Prudence, and Circumspection, have by the Advice and Consent of Our
Council, assigned You Our Commissioners, giving to
You or to any Three or more of You, by Virtue of
these Presents, full Power and Authority in Our Name
to prorogue and continue Our said present Parliament
at Our City of Westminster aforesaid, from the said Twenty-seventh Day of this Instant October, until and unto
Thursday the First Day of December now next following, there then to be held and fit; and therefore We command You, that You diligently attend
to the Premises, and effectually fulfil them in the
Manner aforesaid: We also strictly command all and
singular, Our Archbishops, Dukes, Marquisses, Earls,
Viscounts, Bishops, Barons, Knights, Citizens, Burgesses, and Commissioners for Our Counties and Boroughs, and all others whom it concerns, to meet at
Our said Parliament by Virtue of these Presents, that
they observe, obey, and assist You, in executing
the Premises, as they ought to do. In Witness
whereof, We have caused these Our Letters to be
Witness Ourself at Westminster, the Fourteenth
Day of October, in the Twenty-fifth Year of
By the King Himself, signed with His own
Then the Lord Chancellor said,
My Lords, and Gentlemen,
"In Obedience to His Majesty's Command, we do,
in His Majesty's Name, prorogue this Parliament
to Thursday the First Day of December next."