December 1790 21-30
DIE Martis, 21o Decembris 1790.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
| Epus. Bangor. |
Ds. Thurlow, Cancellarius.
March. Stafford,
C. P. S.
Dux Norfolk, Marescallus.
Comes Kellie.
Comes Glasgow.
Viscount Stormont. |
Ds. Grenville, Unus
Primariorum Secretariorum.
Ds. Teynham.
Ds. Cathcart.
Ds. Elphinstone.
Ds. Torphichen.
Ds. Hay.
Ds. Loughborough.
Ds. Fife. |
PRAYERS.
Canterbury Road Bill.
The Lord Cathcart reported from the Lords Committees, to whom the Bill, intituled, "An Act for making a new Road from Saint George's Gate in the City
of Canterbury, to a Place called Gutteridge Bottom;
and for repairing and widening the present Road
from thence to the Dover Turnpike Road in the Parish of Barham in the County of Kent," 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."
Doveridge Inclosure Bill.
The Lord Cathcart also reported form the Lords
Committees to whom the Bill, intituled, "An Act for
dividing and enclosing the Common Fields, Common
Pastures, and Waste Lands within the Parish of Doveridge alias Dovebridge in the County of Derby,"
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 Consents 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."
Beal Inclosure Bill.
The Lord Cathcart made the like Report from the
Lords Committees, to whom the Bill, intituled, "An
Act for dividing and enclosing the Open Common
Fields, Meadows, Ings or Pastures, and other Commonable Lands and Waste Grounds, within the
Lordships or Liberties of Beal, otherwise Beaghall
and Kellingley, in the Parish of Kellington in the West
Riding of the County of York," was committed.
Noordingh's Naturalization Bill.
Ordered, That the Committee to whom the Bill,
intituled, "An Act for naturalizing Christian Noordingh," stands committed, be revived and meet Tomorrow.
Corn Bill.
A Message was brought from the House of Commons, by Mr. Ryder and others:
With a Bill, intituled, "An Act to continue and
amend so much of two Acts made in the last Session
of Parliament, as relates to the Importation and Exportation of Corn and Grain; and to the authorising
His Majesty to permit the Exportation of Corn, Grain,
Meal, or Flour, and to prohibit the Importation
thereof on the low Duties;" to which they desire
the Concurrence of this House.
The said Bill was read the first Time.
Election of Peers for Scotland, L. Somerville and L. Napier's Petition respecting.
Upon reading the Petition of James Lord Somerville, setting forth, "That at the late general Election for nominating and chusing the sixteen Peers
of Scotland, to sit and vote in the House of Peers
in the present Parliament of Great Britain, the Petitioner and sundry other Peers were Candidates:
That the said Election was held (in Obedience to
His Majesty's Royal Proclamation for that Purpose,)
at Holyroodhouse in Edinburgh, upon Saturday the
24th Day of July last: That the Votes of the Peers
present, and of certain absent Peers voting by their
Proxies, and by signed Lists having been collected
by two of the principal lerks of Session, appointed
by the Lord Clerk Registrar to officiate as his Deputies on this Occasion, they, by the Return made
by them, certified and attested that the Earls of
Eglintoune, Moray, Kellie, Lauderdale, Dumfries,
Elgin, Balcarres, Breadalbane, Glasgow, Viscount of
Stormont, Lords Cathcart, Elphinstone, and Torphichen, were duly elected to be thirteen of the sixteen Peers to sit and vote in the House of Lords
in the ensuing (now present) Parliament of Great
Britain, and that the Votes for the Earls of Galloway,
Selkirk, Stair, and Hopetoune, and for Lords Somerville (the now Petitioner) and Napier were equal;
but the Petitioner submits to Their Lordships that
the Dukedom of Rothsay, under which Title a Vote
was given against the Petitioner, does not give a
Right to vote at the Election of the Peers, who are
to represent the Peers of Scotland in Parliament,
and that even if the said Dukedom does convey such
Right, the Proxy of the Duke of Rothsay at the late
Election is irregular, informal, and therefore void:
That the Person pretending to the Title of Lord
Newark, who by Proxy gave his Vote against the
Petitioner, had no Right to vote at the said Election:
That Lord Kinnaird, who voted at the said Election,
and who, as Proxy for the Earl of Dysart and for
Lord Cranstoun, likewise gave the Suffrages of those
Peers at the said Election against the Petitioner,
did not qualify as by Law required, whereby the
Votes of Lord Kinnaird, the Earl of Dysart, and
Lord Cranstoun are void: That the Certificate of the
Qualification of the Earl of Dysart, who voted against
the Petitioner at the said Election, is irregular, informal, defaced, and therefore void: That several
other Persons whose Votes were received, and who
voted against the Petitioner at the said Election, had
no legal Right to vote: That the Proxies of several
other Peers, who voted by Proxy against the Petitioner at the said Election, were irregular, informal,
defaced, and therefore void: That the Earl of Abercorn, who is one of the Peers of Scotland, by his signed List voted for the Petitioner at the said Election,
but the Clerks of Session, officiating at the said Election, were pleased to refuse and reject the signed
List and Vote of the said Earl of Abercorn so tendered for the Petitioner: The Petitioner begs Leave
to represent to Their Lordships that if they should be
of Opinion that the Vote of the said Earl of Abercorn
ought to have been received and reckoned in the
said Election, it will give the Petitioner a considerable
Majority over others of the Canditates at the said
Election of Peers of Scotland: That several other
Peers, who have a good and lawful Right to vote for
the nominating and chusing Peers to represent the
Peerage of Scotland in Parliament, tendered their
Votes at the said Election for the Petitioner: That
the Clerks attending at the said Election did notwithstanding reject the Votes of such Peers: The Petitioner therefore contends that he had a greater
Number of legal Votes than some of the thirteen
Peers above named, who have been returned as duly
elected; and likewise that he had a greater Number
of legal Votes than some of the Five Peers above
named, who together with the Petitioner have been
returned as having an equal Number of Votes: That
the Petitioner ought accordingly to have been returned as one of the sixteen Peers of Scotland duly
elected to sit and vote in the House of Peers in the
present Parliament of Great Britain;" and therefore praying, "That Their Lordships will be pleased to
take this his Petition into their Consideration, and
allow him to be heard by his Counsel, and grant him
such Relief in the Premises as to Their Lordships, in
their great Wisdom, may seem meet:"
It is Ordered, That the said Petition do lie on the
Table.
Upon reading the Petition of Francis Lord Napier;
setting forth, "That at the last General Election for
nominating and chusing the Sixteen Peers of Scotland
to sit and vote in the House of Peers in the present
Parliament of Great Britain, the Petitioner and sundry
other Persons were Candidates: That the said Election
was held in Obedience to His Majesty's Royal Proclamation at Holyrood House in Edinburgh upon Saturday the 24th Day of July last: That the Votes of
the Peers present and of certain Peers absent voting
by their Proxies, and by signed Lists having been collected by Two of the principal Clerks of Session appointed by the Lord Clerk Registrar to officiate as his
Deputies on this Occasion, they by the Return
made by them certified and attested, that the Earls of
Eglintoune, Moray, Kellie, Lauderdale, Dumfries,
Elgin, Balcarres, Breadalbane, Glasgow, Viscount of
Stormont, Lords Cathcart, Elphinstone, and Torphichen,
were duly elected to be thirteen of the sixteen Peers
to sit and vote in the House of Lords in the ensuing
(now present) Parliament of Great Britain; and that
the Votes for the Earls of Galloway, Selkirk, Stair,
and Hopetoun, and for Lords Somerville and Napier
(the Petitioner) were equal; but the Petitioner submits to Their Lordships that the Dukedom of Rothsay
does not give a Right to vote at the Election of the
Peers who are to represent the Peers of Scotland in
Parliament, and that even if the said Dukedom does
convey such Right, the Proxy of the Duke of Rothsay
at the late Election is irregular, informal, defaced, and
therefore void: That the Person pretending to the
Title of Lord Newark had no Right to vote at the
said Election: That Lord Kinnaird, who voted at the
said Election, and who, as Proxy for the Earl of
Dysart and for Lord Cranstoun, likewise gave the Suffrages of those Peers at the said Election against the
the Petitioner, did not qualify as by Law required,
whereby the Votes of Lord Kinnaird, the Earl of
Dysart, and Lord Cranstoun are void: That the Certificate of the Qualification of the Earl of Dysart, who
voted as above-mentioned against the Petitioner at the
said Election, is irregular, informal, defaced, and therefore void: That several other Persons whose Votes
were received, and who voted against the Petitioner at
the said Election, had no legal Right to vote: That
the Proxies of several other Peers, who voted by Proxy
against the Petitioner at the said Election, were irregular, informal, defaced, and therefore void: The Petitioner, therefore, contends, that he had a greater Number of legal Votes than some of the thirteen Peers
above-named, who have been returned as duly elected,
and likewise that he had a greater Number of legal
Votes than some of the five Peers above-named, who
together with the Petitioner have been returned as
having an equal Number of Votes: That the Petitioner ought accordingly to have been returned as one
of the sixteen Peers of Scotland duly elected to sit and
vote in the House of Peers in the present Parliament
of Great Britain;" and therefore praying, "That
Their Lordships will be pleased to take this his Petition
into their Consideration, and allow him to be heard
by his Counsel, and grant him such other Relief in
the Premises as to Their Lordships, in their great Wisdom, may seem meet:"
It is Ordered, That the said Petition do lie on the
Table.
Walford for a Divorce Bill:
Upon reading the Petition of John Walford the
Younger, of Bread Street Hill, in the City of London,
Gentleman, praying Leave to bring in a Bill to dissolve
the Marriage of the Petitioner with Sophia Elizabeth
Jeanes, his now Wife, and to enable him to marry again:
Leave given.
It is Ordered, That Leave be given to bring in a
Bill according to the Prayer of the said Petition.
Graham against Erskine:
Upon reading the Petition and Appeal of Robert Graham, of Gartmore, Esquire, complaining of an Interlocutor
of the Lords of Session in Scotland, of the 9th of December 1790; 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 James Erskine, of Alva, one of the Senators
of the College of Justice, may be required to answer
the said Appeal:"
It is Ordered, That the said James Erskine may have
a Copy of the said Appeal, and do put in his Answer
thereunto in Writing, on or before Tuesday the 18th
Day of January next; and Service of this Order upon
the said Respondent, or upon any of his known Counsel
or Agents 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 Robert Graham, of Gartmore, Esquire, 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.
Gibson and Johnson against Minet and Fector in Error.
Ordered, That the Judges do attend this House on
Thursday the 3d Day of February next, in order to deliver their Opinions upon Three Questions of Law put
to them on Monday the 26th Day of April last, upon
hearing the Errors argued assigned upon the Writ of Error, wherein Thomas Gibson and Joseph Johnson are Plaintiffs, and Hughes Minet and James Peter Fector are Defendants.
Spottiswoode to enter into Recognizance on Morehead's Appeals.
The House being moved, "That John Spottiswoode
of Sackville Street, Gentleman, may be permitted to
enter into a Recognizance for William Morehead
Esquire, 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.
Land Tax Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the 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
ninety-one."
After some Time, the House was resumed:
And the Lord Cathcart reported from the Committee,
"That they had gone through the Bill, and directed
him to report the same to the House, without any
Amendment."
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii,
vicesimum secundum diem instantis Decembris, horâ
undecimâ Auroræ, Dominis sic decernentibus.
DIE Mercurii, 22o Decembris 1790.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
| Epus. Landaven. |
Ds. Thurlow, Cancellarius.
March. Stafford,
C.P.S.
Dux Leeds.
Comes Lauderdale.
Comes Glasgow.
Viscount Stormont. |
Ds. Grenville, Unus
Primariorum Secretariorum.
Ds. Cathcart.
Ds. Torphichen.
Ds. Loughborough.
Ds. Mulgrave. |
PRAYERS.
Stewart against Sir J. Colquhoun et al.
After hearing Counsel in part in the Cause, wherein
Charles Stewart of Dalguise is Appellant, and Sir James
Colquhoun Baronet, and others, are Respondents:
It is Ordered, That the further Hearing of the
said Cause be put off to the first Cause Day after the Recess at Christmas.
Land Tax Bill:
Hodie 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 ninety-one."
The Question was put, "Whether this Bill shall
pass?"
It was resolved in the Affirmative.
Doveridge Inclosure Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for
dividing and enclosing the Common Fields, Common
Pastures, and Waste Lands within the Parish of
Doveridge, alias Dovebridge, in the County of Derby."
The Question was put, "Whether this Bill shall
pass?"
It was resolved in the Affirmative.
Canterbury Road Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for
making a new Road from Saint George's Gate in the
City of Canterbury, to a Place called Gutteridge Bottom; and for repairing and widening the present
Road from thence to the Dover Turnpike Road in
the Parish of Barham in the County of Kent."
The Question was put, "Whether this Bill shall
pass?"
It was resolved in the Affirmative.
Beal Inclosure Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for
dividing and enclosing the Open Common Fields,
Meadows, Ings or Pastures, and other Commonable
Lands and Waste Grounds within the Lordships or
Liberties of Beal otherwise Beaghall, and Kellingley,
in the Parish of Kellington, in the West Riding of the
County of York."
The Question was put, "Whether this Bill shall
pass?"
It was resolved in the Affirmative:
Messages to H. C., that the Lords have agreed to the Four preceding Bills.
And Messages were, severally, sent to the House of
Commons by Mr. Holford and Mr. Spranger:
To acquaint them, That the Lords have agreed to
the said Bills, without any Amendment.
Corn Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act
to continue and amend so much of Two Acts made
in the last Session of Parliament, as relates to the Importation and Exportation of Corn and Grain, and to
the authorising His Majesty to permit the Exportation
of Corn, Grain, Meal, or Flour, and to prohihit the
Importation thereof on the low Duties."
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.
Noordingh's Naturalization Bill.
The Lord Cathcart reported from the Lords Committees, to whom the Bill, intituled, "An Act for
naturalizing Christian Noordingh," 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."
Election of Peers for Scotland, Petitions respecting.
Upon reading the Petition of Walter Lord Lyle; setting forth, "That at the late Election of sixteen Peers
to represent the Peers of Scotland in the present
Parliament, the Petitioner attended and required the
Deputies of the Lord Clerk Registrar acting as returning Officers, to administer to him the Oaths required
to be taken by Law, and did then and there tender his
Votes for the following noble Lords to represent the
Peerage in the present Parliament, namely, the Marquis of Tweeddale, the Earls of Glencairn, Strathmore, Lauderdale, Dumfries, Selkirk, Breadalbane,
Aberdeen, and Hopetoun, the Lord Viscount Stormont,
and the Lords Saltoun, Gray, Sempill, Cranstoun,
Elibank, and Kinnaird; that the returning Officers
on certain frivolous Pretences refused to administer
the Oaths to the Petitioner, or to receive his Votes
so tendered; whereas the Petitioner apprehends and
is advised, that as a Peer of Scotland he was well entitled to vote, and that in determining the Merits of
the said Election his Votes ought to be reckoned,
and the Benefit thereof allowed to the said Noble
Lords for whom the said Votes were given or
tendered;" and therefore praying the House, "To
take the Premises into Consideration, and to allow
him to be heard by his Counsel, and to grant to him
and the Peers affected by the said Refusal of the returning Officers, such Relief as to Their Lordships,
in their great Wisdom, shall seem proper:"
It is Ordered, That the said Petition do lie on the
Table.
Upon reading the Petition of George Lord Kinnaird,
setting forth, "That His Majesty was pleased to issue
His Royal Proclamation under the Great Seal, bearing Date the 11th Day of June last, commanding the
Peers of Scotland to assemble at Holyroodhouse in Edinburgh on Saturday the 24th Day of July then next ensuing, to nominate and choose the sixteen Peers to sit
and vote in the House of Peers in the then ensuing and
now present Parliament, by open Election and Plurality
of Voices of the Peers that should be then present, and
of the Proxies of such as should be absent: That in
Obedience to the said Proclamation sundry of the
Peers of Scotland assembled on the Day and at the
Place so appointed, and sundry other Peers attended
by their Proxies, or sent Lists as allowed by Law:
That George Home and Robert Sinclair Esquires, two
of the principal Clerks of Session appointed by the
Lord Clerk Registrar to officiate in his Name, attended the said Meeting as returning Officers, and
have made their Return or Certificate, that the Earls
of Eglintoune, Moray, Kelly, Lauderdale, Dumfries,
Elgin, Balcarres, Breadalbane, and Glasgow, the
Lord Viscount Stormont, and Lords Cathcart, Elphinstone, and Torphichen, were duly elected to be thirteen of the sixteen Peers to sit and vote in the House
of Peers in the ensuing Parliament of Great Britain,
and that the Votes for the Earls of Galloway, Selkirk,
Stair, and Hopetoun, and for Lords Somerville and
Napier were equal: That it will appear from the
Minutes of Election when produced, that the said
Return or Certificate was made in consequence of receiving and reckoning (amongst others) Votes given
by a Person stiling himself Earl of Moray as for himself, and as Proxy for another Person, whereas the
Petitioner is advised, that the Person who assumed and
gave the said Votes had no Right to the said Title, or
to vote either for himself or as a Proxy; and the said
Return was also made in consequence of reckoning
the Votes of the Lord Viscount Dumblane, who had
no Right to vote at the said Election: That on these
and other Accounts set forth in a Petition already
presented to Their Lordships by the Petitioner and
other Peers of Scotland, he is advised and apprehends
it will appear, upon an Examination into the Legality
of the Votes given and tendered at the said Election,
that the Marquis of Tweeddale, the Earl of Glencairn, the Earl of Strathmore, the Earl of Lauderdale, the Earl of Dumfries, the Earl of Selkirk, the
Earl of Breadalbane, the Earl of Aberdeen, the Earl
of Hopetoun, the Lord Viscount Stormont, and the
Lords Saltoun, Gray, Sempill, Cranstoun, and Elibank, and the Petitioner were elected by a Majority
of legal Votes, and ought to have been the sixteen
Peers returned to represent the Peers of Scotland in
the present Parliament;" and therefore praying the
House, "To take the Premises under their Consideration, to allow the Petitioner to be heard by his Counsel against the said Return or Certificate, and that
Their Lordships will be pleased to alter or amend the
same according to what shall appear to be the Merits
of the Election, upon the Evidence to be laid before
the House and Law and Justice, and that they will
give the Petitioner and the other Peers of Scotland
such other Relief upon the Matter of the said Election
and Return, as to Their Lordships, in their great
Wisdom, shall seem proper under all the Circumstances:"
It is Ordered, That the said Petition do lie on the
Table.
Upon reading the Petition of John Earl of Galloway,
setting forth, "That at the late General Election for
nominating and chusing the sixteen Peers of Scotland
to sit and vote in the House of Peers in the present
Parliament of Great Britain, the Petitioner and sundry other Peers were Candidates; that the said Election was held (in Obedience to His Majesty's Royal
Proclamation for that Purpose) at Holyroodhouse in
Edinburgh, upon Saturday the 24th Day of July last:
That the Votes of the Peers present and of certain
Peers absent, voting by their Proxies, and by signed Lists
having been collected by two of the principal Clerks
of Session appointed by the Lord Clerk Registrar to
officiate as his Deputies on this Occasion, they, by
the Return made by them, certified and attested that
the Earls of Eglintoun, Moray, Kellie, Lauderdale,
Dumfries, Elgin, Balcarres, Breadalbane, Glasgow,
Viscount of Stormont, Lords Cathcart, Elphinstone,
and Torphichen, were duly elected to be thirteen of
the sixteen Peers to sit and vote in the House of
Lords in the ensuing (now present) Parliament of
Great Britain, and that the Votes for the Earls of
Galloway (the now Petitioner), Selkirk, Stair, and
Hopetoun, and for Lords Somerville and Napier were
equal; but the Petitioner submits to Their Lordships
that the Dukedom of Rothsay, under which Title a
Vote was given against the Petitioner, does not give
a Right to vote at the Election of the Peers who are
to represent the Peers of Scotland in Parliament, and
that even if the said Dukedom does convey such
Right, the Proxy of the Duke of Rothsay at the
late Election is irregular, informal, defaced, and
therefore void: That the Person pretending to the
Title of Lord Newark, who by Proxy gave his Vote
against the Petitioner, had no Right to vote at the
said Election: That Lord Kinnaird, who voted at the
said Election, and who as Proxy for the Earl of Dysart and for Lord Cranstoun likewise gave the Suffrages of these Peers at the said Election against the
Petitioner, did not qualify as by Law required, whereby the Votes of Lord Kinnaird, the Earl of Dysart,
and Lord Cranstoun, are void: That the Certificate of
the Qualification of the Earl of Dysart, who voted
against the Petitioner at the said Election, is irregular,
informal, defaced, and therefore void; that several
other Persons whose Votes were received, and who
voted against the Petitioner at the said Election, had
no legal Right to Vote; that the Proxies of several other Peers, who voted by Proxy against the
Petitioner at the said Election, were irregular, informal, defaced, and therefore void: That the Earl of
Abercorn, who is one of the Peers of Scotland, by
his signed List voted for the Petitioner at the said
Election, but the Clerks of Session officiating at
the said Election were pleased to refuse and reject
the signed List and Vote of the said Earl of Abercorn
so tendered for the Petitioner; the Petitioner begs
Leave to represent to Their Lordships, that if they
should be of Opinion that the Vote of the said Earl of
Abercorn ought to have been received and reckoned
in the said Election, it will give the Petitioner a considerable Majority over others of the Candidates at
the said Election of Peers of Scotland: That several
other Peers, who have a good and lawful Right to
vote for the nominating and choosing Peers to represent the Peerage of Scotland in Parliament, tendered their Votes at the said Election for the Petitioner:
That the Clerks attending at the said Election did
notwithstanding reject the Votes of such Peers: The
Petitioner, therefore, contends that he had a greater
Number of legal Votes than some of the thirteen
Peers above named, who have been returned as duly
elected; and likewise that he had a greater Number
of legal Votes than some of the five Peers above
named, who together with the Petitioner have been
returned as having an equal Number of Votes: That
the Petitioner ought accordingly to have been returned as one of the sixteen Peers of Scotland, duly
elected to sit and vote in the House of Peers, in the
present Parliament of Great Britain;" and therefore
praying, "That Their Lordships will be pleased to take
this his Petition into their Consideration, and allow
him to be heard by his Counsel, and grant him such
Relief in the Premises, as to Their Lordships, in their
great Wisdom, may seem meet:"
It is Ordered, That the said Petition do lie on the
Table.
Upon reading the Petition of John Earl of Galloway,
setting forth, "That a Petition was presented to Their
Lordships on the first Day of this Month of December
1790, for Dunbar Earl of Selkirk, and James Earl of
Hopetoune, wherein the said Earls complain of the
Return or Certificate made by the Clerks of Session
officiating at the last Election of Peers, to represent
the Peerage of Scotland in this present Parliament, and
stating in their said Petition, that the Proxies and
Votes of the Earl of Caithness and Lord Ochiltree
ought not to have been received or counted by the
Clerks of Session officiating at the said Election, for
the Reasons stated in the said Petition, and praying
that the said Return may be altered: That the Petitioner being deeply interested in the Matter contained
in the said Petition, and in the Alteration of the Return prayed thereby:" The Petitioner therefore prays
Their Lordships, "That he may be heard by himself
or Counsel, against the Matter of the said Petition and
the Request made thereby:"
It is Ordered, That the said Petition do lie on the
Table.
Upon reading the Petition of John Earl of Stair, setting forth, "That at the late general Election for nominating and choosing the sixteen Peers of Scotland,
to sit and vote in the House of Peers in the present
Parliament of Great Britain, the Petitioner and sundry
other Peers were Candidates: That the Election was
held (in Obedience to His Majesty's Royal Proclamation for that Purpose) at Holyrood House in Edinburgh,
upon Saturday the 24th Day of July last: That the
Votes of the Peers present, and of certain Peers absent voting by their Proxies, and by signed Lists having been collected by two of the principal Clerks of
Session, appointed by the Lord Clerk Registrar to officiate as his Deputies on this Occasion, they by the
Return made by them certified and attested that the
Earls of Eglintoune, Moray, Kellie, Lauderdale,
Dumfries, Elgin, Balcarres, Breadalbane, Glasgow,
Viscount of Stormont, Lords Cathcart, Elphinstone,
and Torphichen, were duly elected to be thirteen of
the sixteen Peers, to sit and vote in the House of
Lords in the ensuing (now present) Parliament of
Great Britain, and that the Votes for the Earls of
Galloway, Selkirk, Stair (the now Petitioner), and
Hopetoune, and for Lords Somerville and Napier were
equal: But the Petitioner submits to Their Lordships
that the Dukedom of Rothsay, under which Title a
Vote was given against the Petitioner, does not give
a Right to vote at the Election of the Peers who are
to represent the Peers of Scotland in Parliament, and
that even if the said Dukedom does convey such
Right, the Proxy of the Duke of Rothsay at the late
Election is defaced, irregular, informal, and therefore void: That the Person pretending to the Title of
Lord Newark, who by Proxy gave his Vote against the
Petitioner, had no Right to vote at the said Election:
That Lord Kinnaird who voted at the said Election,
and who, as Proxy for the Earl of Dysart and for
Lord Cranstoun, likewise gave the Suffrages of those
Peers at the said Election against the Petitioner, did
not qualify as by Law required, whereby the Votes
of Lord Kinnaird, the Earl of Dysart, and Lord
Cranstoun, are void: That the Certificate of the
Qualification of the Earl of Dysart, who voted against
the Petitioner at the said Election, is irregular, informal, defaced, and therefore void: That several other
Persons whose Votes were received and who voted
against the Petitioner at the said Election, had no legal
Right to vote: That the Proxies of several other
Peers, who voted by Proxy against the Petitioner at
the said Election, were irregular, informal, defaced,
and therefore void: That his Grace the Duke of
Queensberry, and the Earl of Abercorn, both tendered
their Votes at the said Election for the Petitioner:
That the Clerks attending at the said Election refused
the same: That the said last mentioned Peers have a
good and lawful Right to vote for the nominating
and choosing Peers to represent the Peers of Scotland
in Parliament, and therefore their Names ought to
be added to the Number of those who voted for the
Petitioner: The Petitioner therefore contends that
he had a greater Number of legal Votes, than some
of the thirteen Peers above named, who have been
returned as duly elected, and likewise that he had a
greater Number of legal Votes than some of the five
Peers above named, who together with the Petitioner
have been returned as having an equal Number of
Votes: That the Petitioner ought accordingly to have
been returned as one of the sixteen Peers of Scotland, duly elected to sit and vote in the House of
Peers in the present Parliament of Great Britain;"
and therefore praying, "That Their Lordships will
be pleased to take this his Petition into their Consideration, and allow him to be heard by his Counsel, and grant him such Relief in the Premises, as
to Their Lordships, in their great Wisdom, may seem
meet:"
It is Ordered, That the said Petition do lie on the
Table.
Upon reading the Petition of James Lord Somerville,
setting forth, "That a Petition was presented to their
Lordships, on the first Day of this Month of December 1790, for Dunbar Earl of Selkirk, and James
Earl of Hopetoun, wherein the said Earls complain of
the Return or Certificate made by the Clerks of Session, officiating at the last Election of Peers to represent the Peerage of Scotland in this present Parliament,
and stating in their said Petition, that the Proxies and
Votes of the Earl of Caithness and Lord Ochiltree
ought not to have been received or counted by the
Clerks of Session, officiating at the said Election, for
the Reasons stated in the said Petition, and praying
that the said Return may be altered: That the Petitioner being deeply interested in the Matter contained
in the said Petition, and in the Alteration of the Return prayed thereby;" the Petitioner therefore prays
Their Lordships, "That he may be heard by himself or
Counsel, against the Matter of the said Petition and
the Request made thereby:"
It is Ordered, That the said Petition do lie on the
Table.
Erskine against Haldane:
Upon reading the Petition and Appeal of Colonel
James Francis Erskine; complaining of an Interlocutor
of the Lords of Session in Scotland of the 11th of December 1790; 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 George Haldane, of Glenagles, Esquire,
may be required to answer the said Appeal:"
It is Ordered, That the said George Haldane may
have a Copy of the said Appeal, and do put in his Answer thereunto in Writing, on or before Wednesday the
19th Day of January next; and Service of this Order
upon the said Respondent, or upon any of his known
Counsel or Agents 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 Colonel James Francis
Erskine, 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.
The King against Amery in Error. Eddowes Petition to amend Judgment.
Upon reading the Petition of Ralph Eddowes, of the
City of Chester, Merchant: setting forth, "That a
Writ of Error at the Instance of the Petitioner was
brought and prosecuted in this House, upon which
Their Lordships were pleased to order, "That the
Judgement given for the Defendant Thomas Amery,
by the Court of King's Bench, should be reversed,
and Judgement entered for the King;" That after
the Judgement so pronounced by Their Lordships,
the Petitioner by his Counsel and Agent made several
Applications to the proper Officer of Their Lordships'
House, from Time to Time, down to the Dissolution of
the last Parliament, for an Order directing the said Court
of King's Bench to tax the Petitioner his Costs of such
Prosecution, as the Petitioner is informed hath been
heretofore done by this House in Cases of Reversal;
and it being a clear Principle established by many
Authorities, that a Court of Error will always give
the same Judgement which the Court below ought
to have given, in order that when such Costs had
been taxed by the proper Officer of the said Court,
the Sum allowed by him might be inserted in the Tenor
of the Judgement, to be drawn up in this House; and
such Tenor being then remitted with the Record to the
said Court of King's Bench, the Petitioner might have
Execution out of the said Court, for the Sum so allowed
for his Costs; but that the Petitioner has not as yet been
able to procure such Order from the Officer of Their
Lordships' House, he apprehending, as the Petitioner
is informed, that he is not authorized by the Judgement so pronounced by Their Lordships to issue such
an Order: That the Petitioner by his Agent has in
the present Parliament again applied to the proper
Officer to obtain such Order for the Taxation of the
Petitioner's said Costs as Relator in the said Information, but has not been able for the Reasons aforesaid to procure the same; on the contrary, he is informed that a Tenor of the said Judgement has been
entered in the Journal of this House, containing only an
Award of Reversal of the said Judgment of the Court of
King's Bench, and of Ouster and Capiatur against
the said Thomas Amery: That the Petitioner never
made any Application for such Tenor to be entered
nor was the Draft thereof ever signed by any Counsel on his Behalf, the Petitioner being advised by his
Counsel that such Tenor ought to contain, in Addition to the Reversal of the said Judgement, and
Judgement of Ouster and Capiatur against the said
Thomas Amery, an Award of the Costs of the Prosecution sustained by the Petitioner as Relator in the
said Information, pursuant to the Directions of the said
Statute in that Behalf;" and therefore praying Their
Lordships, "That an Order may be made by this House,
that the said Court of King's Bench do tax the Petitioner his Costs of such Prosecution, pursuant to
the said Statute; and that when the Costs have
been taxed by the proper Officer of the said Court
of King's Bench, and certified to this House, that
the Judgement may be entered of Record, and that such
Entry may contain, in Addition to the Form of the
Judgement as entered in Their Lordships' Journal, an
Award of the said Costs (taxed as aforesaid) to the said
Petitioner as Relator in the said Information, in order
that the Petitioner may thereupon take the proper
and necessary Steps for the Recovery of his said
Costs, or that such other Order may be made for Relief of the Petitioner, as to this House shall seem
just:"
It is Ordered, That the said Petition do lie on the
Table.
Macbride's Recognizance Bill.
A Message was brought from the House of Commons,
by Mr Adam and others:
With a Bill, Intituled, "An Act to give further
Time to John Macbride Esquire, and his Sureties for
entering into their Recognizances in respect of his
Petition presented to the House of Commons, complaining of an undue Election and Return for the
Borough of Plymouth in the County of Devon;"
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 tertium diem instantis Decembris, horâ undecimâ
Auroræ, Dominis sic decernentibus.
DIE Jovis, 23o Decembris 1790.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. Exon.
Epus. Bangor.
Epus. Landaven. |
Ds. Thurlow, Cancellarius.
March. Stafford,
C. P. S.
Dux Portland.
Comes Moray.
Comes Kellie.
Comes Lauderdale.
Comes Breadalbane.
Comes Glasgow.
Comes Bathurst.
Comes Ailesbury.
Comes Mount Edgcumbe & Valletort.
Viscount Stormont. |
Ds. Grenville Unus
Primariorum Secretariorum.
Ds. Willoughby Br.
Ds. Cathcart.
Ds. Elphinstone.
Ds. Torphichen.
Ds. Hay.
Ds. Boston.
Ds. Amherst.
Ds. Dover.
Ds. Mulgrave. |
PRAYERS.
Stirling Banking Company, against Allan & Co.
The House proceeded to take into further Consideration the Cause wherein the Stirling Banking Company
and others are Appellants, and Messieurs Allan Stuart,
and Company, are Respondents, et è contra.
And Consideration being had thereof accordingly:
The following Order and Judgement was made:
After hearing Counsel on Tuesday the 2d, Friday the
5th, Monday the 8th, and Wednesday the 10th Days of
March last, upon the original Petition and Appeal of
the Stirling Banking Company, and the other Creditors
on the sequestrated Estate of James Stein, late Distiller
at Kilbagie; complaining of three Interlocutors of the
Lords of Session in Scotland of the 11th of December
1788, and two of the 4th of March 1789; and praying,
"That the same 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 proper;" and likewise upon the Cross-Appeal of
Robert Allan, David Steuart, and Alexander Sommervaill, Merchants in Company, trading under the Firm
of Allan, Steuart, and Company, Merchants in Leith;
complaining of an Interlocutor of the Lords of Session
in Scotland of the 5th of March 1789; and praying,
"That the same might be reversed, varied, 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 meet;" as also upon the
Answer of Messieurs Allan, Steuart, and Company, Merchants in Leith, put in to the said original Appeal; and
the Answer of Henry Jaffray and the other Partners of
the Stirling Banking Company, and the other Creditors
of James Stein Distiller at Kilbagie, and of the said James
Stein, put in to the said Cross-Appeal, and due Consideration had this Day of what was offered on both Sides in
these Causes:
Judgement.
It is Ordered and Adjudged by the Lords Spiritual
and Temporal in Parliament assembled, That the said
Interlocutor of the Lords of Session, dated the 3d and
signed the 11th of December 1788, finding the Respondents entitled to Restitution of the Grain therein
mentioned, and also the Interlocutor of the said Lords
dated the 3d and signed the 4th March 1789, adhering
thereto, complained of by the said original Appeal, be
and the same are hereby reversed: And it is further
Ordered and Adjudged, That the Interlocutor of the
said Lords, dated the 4th and signed the 5th March 1789,
also complained of by the said original Appeal, be and
the same is hereby also Reversed, without Prejudice to the
Respondents in the original Appeal, insisting and producing Evidence to shew that they were entitled to stop
and detain the Grain, consigned by them to James Stein
the Bankrupt in transitu, or before actual Delivery,
and also without Prejudice to the Appellants in the original Appeal making such Objections thereto as they
shall be advised: And it is hereby further Ordered,
That the Cause be remitted back to the Court of Session in Scotland, to take such Evidence and to hear the
Parties, and do therein what shall appear to them just
as to that Point: And it is further Ordered and Adjudged, That the said Interlocutor of the said Lords, dated
the 4th and signed the 5th of March 1789, complained
of by the said Cross-Appeal, be and the same is hereby
Affirmed: And it is further Ordered, That the said
Cross-Appeal be and is hereby dismissed this House.
Macbride's Recognizance Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act to
give further Time to John Macbride Esquire, and his
Sureties, for entering into their Recognizances in respect of his Petition presented to the House of Commons, complaining of an undue Election and Return for the Borough of Plymouth in the County of
Devon."
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.
Noordingh's Naturalization Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for
naturalizing Christian Noordingh."
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. Spranger:
To acquaint them, That the Lords have agreed to the
said Bill, without any Amendment.
African Trade, Report of Commissioners delivered.
The House being informed, "That Mr. Roe, One of
the Commissioners appointed to enquire into the
Losses which may have been sustained by Owners of
Ships or Vessels engaged in the African Trade, attended:"
He was called in, and delivered at the Bar,
"A Report of the Commissioners appointed to enquire into Losses which may have been sustained by
Owners of Ships or Vessels engaged in the African
Trade, in consequence of an Act made in the Twenty-eight Year of the Reign of His present Majesty,
to regulate for a limited Time the shipping and
carrying Slaves, in British Vessels from the Coast of
Africa."
And then he withdrew.
And the Title thereof being read by the Clerk;
Ordered, That the said Report do lie on the Table.
Whale Fishery and Northern Light-houses, Accounts respecting, delivered.
The House being informed, "That Mr. Mitford from
the Commissioners of the Customs in Scotland attended:"
He was called and delivered at the Bar, pursuant to
the Directions of several Acts of Parliament,
"An Account of what Number of Ships or Vessels
from Scotland have been employed in the Whale
Fishery to Davis's Streights, and the Greenland Seas,
with their respective Names and Burthens, from whence
they were sitted out, and at what Port discharged;
and also what Quantity of Oil or Blubber or Whale
Fins each Ship has imported from the 10th October
1789, to the 10th October 1790."
And also, "An Account of the Commissioners appointed by Acts of Parliament, for erecting Light
Houses in the Northen Parts of Great Britain."
And then he withdrew.
And the Titles thereof being read by the Clerk;
Ordered, That the said Accounts do lie on the
Table.
Corn Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill,
intituled, "An Act to continue and amend so much of
two Acts made in the last Session of Parliament, as
relates to the Importation and Exportation of Corn
and Grain, and to the authorising His Majesty to permit the Exportation of Corn, Grain, Meal, or Flour,
and to prohibit the Importation thereof on the low
Duties."
After some Time, the House was resumed:
And the Lord Cathcart reported from the Committee,
That they had gone through the Bill, and directed
him to report the same to the House, without any
Amendment."
The King against Amery. Eddowe's Leave to withdraw Petition.
The House being moved, "That the Petition of
Ralph Eddowes, of the City of Chester, Merchant, presented to this House on the First of December last,
might be now read:"
The same was accordingly read by the Clerk.
Then it was moved, "That the Petitioner be at Liberty to withdraw his said Petition."
The same was agreed to, and ordered accordingly.
Election of Peers for Scotland, Petitions respecting, and referred to Committee of Privileges:
Ordered, That the Petition of Dunbar, Earl of
Selkirk, and James Earl of Hopetoun, presented to the
House on the 1st Day of this Instant December;
Also, the Petition of John James Earl of Abercorn,
presented to the House on the 3d Day of this Instant
December;
Also, the Petition of John Earl of Stair;
Also, the Petition of William Duke of Queensberry,
severally presented to the House on the 17th Day of
this Instant December;
Also, the Petition of Francis Lord Napier;
Also, the Petition of George Marquis of Tweeddale,
David Stewart Earl of Buchan, John Bowes Earl of
Strathmore, Archibald Earl of Dundonald, Alexander
Lord Saltoun, Hugh Lord Sempill, Alexander Lord
Elibank, George Lord Kinnaird, and John Lord Kirkcudbright, severally presented to the House on the 20th
Day of this Instant December;
Also, the Petition of James Lord Somerville;
Also, the Petition of Francis Lord Napier, severally,
presented to the House on the 21st Day of this Instant
December;
Also, the Petition of Walter Lord Lyle;
Also, the Petition of George Lord Kinnaird;
Also, the Petition of John Earl of Galloway;
Also, the Petition of John Earl of Stair;
And also, the Petition of James Lord Somerville, severally presented to the House on the 22d Day of this
Instant, December, relative to the Return of the Peers
chosen for Scotland, be referred to the Committee of Privileges.
Ordered, That the several Petitioners do give Notice to the several Parties interested in the Matter of
the said Petitions.
No Proxies to be used in Matters respecting.
Ordered, That no Proxies be used on any Question in this House, relative to the Matter of the said
Petitions.
Ordered, That the said Petitioners have Liberty to
be heard by Counsel if they think fit, and that the several Persons interested in the Matter of the said Petitions, or whose Titles may be affected thereby, may
also be heard by Counsel if they think fit.
Malt Bill.
A Message was brought from the House of Commons, by Mr. Gilbert 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 ninety-one;"
to which they desire the Concurrence of this House.
The said Bill was read the first Time.
Ordered, That the said Bill be read a second
Time on Monday next.
Assessed Taxes Bill.
A Message was brought from the House of Commons,
by Mr. Gilbert and others:
With a Bill, intituled, "An Act for granting to
His Majesty additional Duties on the Amount of the
Duties under the Management of the Commissioners
for the Affairs of Taxes therein mentioned;" to
which they desire the Concurrence of this House.
Spirits Duty Bill.
A Message was brought from the House of Commons,
by Mr. Gilbert and others:
With a Bill, intituled, "An Act for granting to
His Majesty additional Duties upon Worts, Wash,
and other Liquors brewed or made in England; for
extracting Spirits for Home Consumption upon Spirits made in Scotland and imported into England,
and upon Foreign Spirits imported into Great Britain; and to continue certain Acts for discontinuing,
for a limited Time, the several Duties payable in Scotland upon Low Wines and Spirits, and upon Worts,
Wash, and other Liquors there used in the Distillation
of Spirits; and for granting to His Majesty other
Duties in Lieu thereof; and for better regulating
the Exportation of British made Spirits from England
to Scotland, and from Scotland to England, and to continue, for a limited Time, an Act made in the Twenty-sixth Year of the Reign of His present Majesty,
to discontinue, for a limited Time, the Payment of the
Duties upon Low Wines and Spirits for Home Consumption; and for granting and securing the due
Payment of other Duties in Lieu thereof; and for the
better Regulation of the making and vending British
Spirits;" to which they desire the Concurrence of
this House.
Ma't Additional Duties Bill.
A Message was brought from the House of Commons,
by Mr. Gilbert and others:
With a Bill, intituled, "An Act for granting to His
Majesty additional Duties upon Malt;" to which
they desire the Concurrence of this House.
The said three Bills were, severally, read the first
Time.
Lords Summoned.
Ordered, That all the Lords be summoned to attend the Service of the House, on Monday next.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, vicesimum septimum diem instantis Decembris, horâ undecimâ Auroræ, Dominis sic decernentibus.
DIE Lunæ, 27o Decembris 1790.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Archiep. Cantuar.
Epus. Londin.
Epus. Bangor.
Epus. Landaven. |
Ds. Thurlow, Cancellarius.
March. Stafford,
C. P. S.
Dux Portland.
Comes Doncaster.
Comes Moray.
Comes Kellie.
Comes Lauderdale.
Comes Breadalbane.
Comes Glasgow.
Comes Graham.
Comes Chatham.
Comes Bathurst.
Comes Uxbridge.
Comes Grosvenor.
Comes Mount Edgcumbe & Valletort.
Viscount Stormont.
Viscount Sydney. |
Ds. Grenville, Unus
Primariorum Secretariorum.
Ds. Dacre.
Ds. Cathcart.
Ds. Elphinstone.
Ds. Torphichen.
Ds. Hay.
Ds. Boston.
Ds. Amherst.
Ds. Loughborough.
Ds. Hawkesbury.
Ds. Heathfield.
Ds. Dover.
Ds. Fife.
Ds. Mulgrave. |
PRAYERS.
Parslow for a Divorce Bill:
Upon reading the Petition of John Parslow Esquire,
a Captain in His Majesty's third Regiment of Dragoons,
praying Leave to bring in a Bill, To dissolve his Marriage with Elizabeth Hall 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.
Bill presented.
Accordingly, the Lord Cathcart presented to the
House a Bill, intituled, "An Act to dissolve the Marriage of John Parslow Esquire with Elizabeth Hall
his now Wife, and to enable him to marry again,
and for other Purposes therein mentioned."
The said Bill was read the first Time.
Ordered, That the said Bill be read a second Time
on Tuesday the 8th Day of February next, and that
Notice thereof be affixed on the Doors of this House,
and the Lords summoned; and that the said John Parslow may be heard by his Counsel at the said second
Reading, to make out the Truth of the Allegations of
the Bill, and that the said Elizabeth Hall may have a
Copy of the Bill, and that Notice be given her of the
said second Reading, and that she be at Liberty to be
heard by her Counsel what she may have to offer against
the said Bill at the same Time.
Bishop Chester to preach on Thirty-first January.
Ordered, That the Lord Bishop of Chester be and
he is hereby desired to preach before this House on
Monday the 31st Day of January next, in the Abbey
Church Westminster.
Spiers against Sir A. Campbell:
Upon reading the Petition and Appeal of Peter Spiers
Esquire, of Culcroich, one of the Freeholders of the
County of Stirling in Scotland, complaining of two Interlocutors of the Lords of Session in Scotland, of the
14th and 24th of December 1790; 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 Sir Alexander
Campbell, of Ardkindlass, Baronet, may be required
to answer the said Appeal:"
It is Ordered, That the said Sir Alexander Campbell,
may have a Copy of the said Appeal, and do put in his
Answer thereunto in Writing, on or before Monday the
24th Day of January next; and Service of this Order
upon the said Respondent, or upon any of his known
Counsel or Agents 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 Peter Spiers Esquire,
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.
Corn Bill.
Hodie 3a vice lecta est Billa, intituled, "An Act to
continue and amend so much of two Acts made in
the last Session of Parliament, as relates to the Importation and Exportation of Corn and Grain, and
to the authorizing His Majesty to permit the Exportation of Corn, Grain, Meal, or Flour, and to prohibit the Importation thereof on the low Duties."
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 ordered to be sent to the House of
Commons, by Mr. Graves and Mr. Eames:
To acquaint them, That the Lords have agreed to
the said Bill, without any Amendment.
Macbride's Recognizance Bill.
Ordered, That the Committee of the whole House,
to whom the Bill, intituled, "An Act to give further
Time to John Macbride Esquire, and his Sureties,
for entering into their Recognizances in respect of
his Petition presented to the House of Commons,
complaining of an undue Election and Return for the
Borough of Plymouth, in the County of Devon,"
stands committed, be revived and meet To-morrow.
Malt Bill.
The Order of the Day being read for the Second
Reading of 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 ninetyone:"
The said Bill was accordingly read a Second Time.
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.
Assessed Taxes Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for
granting to His Majesty additional Duties on the
Amount of the Duties under the Management of the
Commissioners for the Affairs of Taxes therein mentioned."
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.
Spirit Duty Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for
granting to His Majesty additional Duties upon Worts,
Wash, and other Liquors brewed or made in England, for extracting Spirits for Home Consumption
upon Spirits made in Scotland and imported into England, and upon foreign Spirits imported into Great
Britain, and to continue certain Acts, for discontinuing, for a limited Time, the several Duties payable in
Scotland upon Low Wines and Spirits, and upon
Worts, Wash, and other Liquors there used in the
Distillation of Spirits, and for granting to His Majesty other Duties in Lieu thereof; and for better regulating the Exportation of British-made Spirits from
England to Scotland, and from Scotland to England,
and to continue, for a limited Time, an Act made in
the Twenty-sixth Year of the Reign of His present
Majesty, to discontinue, for a limited Time, the Payment of the Duties upon Low Wines and Spirits for
Home Consumption; and for granting and securing
the due Payment of other Duties in Lieu thereof; and
for the better Regulation of the making and vending
British Spirits."
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.
The Order of the Day being read for the Lords to be
summoned:
Malt additional Duties Bill.
It was moved, "That the Bill, intituled, "An Act
for granting to His Majesty additional Duties upon
Malt," be now read a Second Time."
Which being objected to;
It was moved, "That the Word (now) be left out
and the Words ("First of February next") be inserted instead thereof."
After Debate,
The Question was put, "Whether the Word
("now") shall stand Part of the Motion?"
It was resolved in the Affirmative.
Then the said Bill was read a Second Time.
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.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, vicesimum octavum diem instantis Decembris, horâ undecimâ Auroræ, Dominis sic decernentibus.
DIE Martis, 28o Decembris 1790.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
| Epus. Landaven. |
Ds. Thurlow, Cancellarius.
March. Stafford,
C.P.S. |
Ds. Cathcart.
Ds. Suffield.
Ds. Fife. |
PRAYERS.
Lord Suffield takes the Oaths.
This Day Harbord Lord Suffield took the Oaths, and
made and subscribed the Declaration; and also took and
subscribed the Oath of Abjuration, pursuant to the
Statutes.
Malt 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 ninety-one."
After some Time, the House was resumed:
And the Lord Cathcart reported from the Committee, "That they had gone through the Bill, and directed him to report the same to the House, without
any Amendment."
Malt Additional Duties Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill,
intituled, "An Act for granting to His Majesty additional Duties upon Malt."
After some Time, the House was resumed:
And the Lord Cathcart reported from the Committee, "That they had gone through the Bill, and directed him to report the same to the House, without
any Amendment."
Macbride's Recognizance Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill,
intituled, "An Act to give further Time to John Macbride Esquire, and his Sureties, for entering into their
Recognizances in respect of his Petition presented
to the House of Commons, complaining of an undue
Election and Return for the Borough of Plymouth, in
the County of Devon."
After some Time, the House was resumed:
And the Lord Cathcart reported from the Committee,
"That they had gone through the Bill, and directed
him to report the same to the House without any
Amendment."
Assessed Taxes Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill,
intituled, "An Act for granting to His Majesty additional Duties on the Amount of the Duties under the
Management of the Commissioners for the Affairs of
Taxes therein mentioned."
After some Time, the House was resumed:
And the Lord Cathcart reported from the Committee,
"That they had gone through the Bill, and directed
him to report the same to the House without any
Amendment."
Spirits Duty Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill,
intituled, "An Act for granting to His Majesty additional Duties upon Worts, Wash and other Liquors
brewed or made in England, for extracting Spirits
for Home Consumption, upon Spirits made in Scotland and imported into England, and upon Foreign
Spirits imported into Great Britain; and to continue
certain Acts, for discontinuing, for a limited Time, the
several Duties payable in Scotland upon Low Wines
and Spirits, and upon Worts, Wash and other Liquors
there used in the Distillation of Spirits, and for granting to His Majesty other Duties in Lieu thereof; and for
better regulating the Exportation of British-made Spirits
from England to Scotland, and from Scotland to England; and to continue, for a limited Time, an Act,
made in the Twenty-sixth Year of the Reign of His
present Majesty, to discontinue for a limited Time, the
Payment of the Duties upon Low Wines and Spirits
for Home Consumption, and for granting and securing
the due Payment of other Duties in Lieu thereof; and
for the better Regulation of the making and vending
British Spirits."
After some Time, the House was resumed:
And the Lord Cathcart reported from the Committee,
"That they had gone through the Bill, and directed
him to report the same to the House without any
Amendment."
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum effe usque ad et in diem Mercurii,
vicesimum nonum diem instantis Decembris, horâ undecimâ Auroræ, Dominis sic decernentibus.
DIE Mercurii, 29o Decembris 1790.
REX.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Archiep. Cantuar.
Epus. Londin.
Epus. Bath. & Wells.
Epus. Eliens.
Epus. Exon.
Epus. Bangor.
Epus. Landaven. |
Dux York.
Dux Clarence.
Dux Gloucester.
Ds. Thurlow, Cancellarius.
Dux Dorset, Senescallus.
Comes Kellie.
Comes Chatham.
Comes Bathurst.
Comes Ailesbury.
Viscount Sydney. |
Ds. Grenville, Unus
Primariorum Secretariorum.
Ds. Cathcart.
Ds. Torphichen.
Ds. Boston.
Ds. Amherst.
Ds. Mulgrave. |
PRAYERS.
Malt 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 ninety-one."
The Question was put, "Whether this Bill shall
pass?"
It was resolved in the Affirmative.
Malt Additional Duties Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for
granting to His Majesty additional Duties upon Malt."
The Question was put, "Whether this Bill shall
pass?"
It was resolved in the Affirmative.
Assessed Taxes Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for
granting to His Majesty additional Duties on the
Amount of the Duties under the Management of the
Commissioners for the Affairs of Taxes therein mentioned."
The Question was put, "Whether this Bill shall
pass?"
It was resolved in the Affirmative.
Spirits Duty Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for
granting to His Majesty additional Duties upon Worts,
Wash and other Liquors brewed or made in England
for extracting Spirits for Home Consumption, upon
Spirits made in Scotland and imported into England,
and upon Foreign Spirits imported into Great Britain;
and to continue certain Acts for discontinuing, for a
limited Time, the several Duties payable in Scotland
upon Low Wines and Spirits, and upon Worts, Wash
and other Liquors there used in the Distillation of
Spirits, and for granting to His Majesty other Duties
in Lieu thereof; and for better regulating the Exportation of British-made Spirits from England to Scotland,
and from Scotland to England, and to continue, for a
limited Time, an Act, made in the Twenty-sixth Year
of the Reign of His present Majesty, to discontinue, for
a limited Time, the Payment of the Duties upon low
Wines and Spirits for Home Consumption, and for
granting and securing the due Payment of other Duties in Lieu thereof; and for the better Regulation of
the making and vending British Spirits."
The Question was put, "Whether this Bill shall
pass?"
It was resolved in the Affirmative.
Macbride's Recognizance Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act to
give further Time to John Macbride Esquire, and his
Sureties, for entering into their Recognizances in
respect of his Petition presented to the House of Commons, complaining of an undue Election and Return
for the Borough of Plymouth, in the County of Devon."
The Question was put, "Whether this Bill shall
pass?"
It was resolved in the Affirmative.
Messages to H. C. that the Lords have agreed to the Five preceding Bills.
And Messages were, severally, sent to the House of
Commons by Mr. Graves and Mr. Eames:
To acquaint them, That the Lords have agreed to
the said Bills, without any Amendment.
The House was adjourned during Pleasure, to robe.
The House was resumed.
His Majesty 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 Yeoman Usher of the Black Rod to let
the Commons know, "It is His Majesty's Pleasure that
they attend him immediately in this House."
Who being come, with their Speaker;
He, after a Speech in relation to the Money Bills to
be passed, delivered them to the Clerk, who brought
them to the Table where the Deputy Clerk of the Crown
read the Title of those and the other Bills to be passed, severally, as follow: (videlicet)
Bills passed
1. "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
ninety-one."
2. "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 ninety-one."
3. "An Act for granting to His Majesty additional
Duties upon Malt."
4. "An Act for granting to his Majesty additional
Duties upon Worts, Wash, and other Liquors brewed
or made in England for extracting Spirits for Home
Consumption, upon Spirits made in Scotland and imported into England, and upon Foreign Spirits imported into Great Britain; and to continue certain
Acts for discontinuing, for a limited Time, the several
Duties payable in Scotland upon Low Wines and Spirits, and upon Worts, Wash, and other Liquors there
used in the Distillation of Spirits, and for granting to
His Majesty other Duties in Lieu thereof; and for
better regulating the Exportation of British-made Spirits from England to Scotland and from Scotland to
England, and to continue, for a limited Time, an Act,
made in the Twenty-sixth Year of the Reign of His
present Majesty, to discontinue for a limited Time the
Payment of the Duties upon Low Wines and Spirits
for Home Consumption, and for granting and securing
the due Payment of other Duties in Lieu thereof; and
for the better Regulation of the making and vending
British Spirits."
5. "An Act for granting to His Majesty additional
Duties on the Amount of the Duties under the Management of the Commissioners for the Affairs of
Taxes therein mentioned."
To these Bills the Royal Assent was pronounced,
severally, by the Clerk Assistant in these Words; (videlicet)
"Le Roy remercie ses bons Sujets, accepte leur Benevolence, et ainsi le veult."
6. "An Act to continue and amend so much of two
Acts made in the last Session of Parliament, as relates to the Importation and Exportation of Corn
and Grain, and to the authorising His Majesty to
permit the Exportation of Corn, Grain, Meal, or
Flour, and to prohibit the Importation thereof on
the low Duties."
7. "An Act to give further Time to John Macbride
Esquire, and his Sureties, for entering into their Recognizances in respect of his Petition presented to
the House of Commons, complaining of an undue
Election and Return for the Borough of Plymouth,
in the County of Devon."
8. "An Act for making a new Road from Saint
George's Gate, in the City of Canterbury, to a Place
called Gutteridge Bottom; and for repairing and widening the present Road from thence to the Dover
Turnpike Road in the Parish of Barham, in the
County of Kent."
To these Bills the Royal Assent was pronounced,
severally, by the Clerk Assistant, in these Words; (videlicet)
"Le Roy le veult."
9. "An Act for dividing and enclosing the Open
Common Fields, Meadows, Ings, or Pastures, and
other Commonable Lands and Waste Grounds within
the Lordships or Liberties of Beal, otherwise Beaghall
and Kellingley in the Parish of Kellington, in the West
Riding of the County of York."
10. "An Act for dividing and enclosing the Common Fields, Common Pastures, and Waste Lands,
within the Parish of Doveridge alias Dovebridge, in
the County of Derby."
11. "An Act for naturalizing Christian Noordingh."
To these Bills the Royal Assent was pronounced,
severally, by the Clerk Assistant, in these Words; (videlicet)
"Soit fait comme il est desiré."
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 Parliamentum continuandum effe usque ad et in diem Lunæ,
tricesimum primum diem Januarii, jam prox. sequen.
horâ decimâ Auroræ, Dominis sic decernentibus.