House of Lords Journal Volume 32: November 1768, 11-20

DIE Lunæ, 14^o Novembris 1768.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Ponsonby against Adams et al.

The Answer of Prudence Adams and others, to the Appeal of William Carrique Ponsonby Esquire, was this Day brought in:

Adams against Irwines.

As was also the Answer of John Irwine of Burleigh, Major General of His Majesty's Forces, and of James Irwine of Kingccusie, to the Appeal of John Adam, of Maryburgh:,

Heron against Heron.

Also the Answer of John Vining Heron Merchant in Portsmouth, to the Appeal of Doctor Andrew Heron Physician in London:

Wilson against Campbell, et e con.

And also the Answer of John Campbell of Ottar, to the Cross Appeal of William Wilson Trustee for Alexander Campbell,

His Majesty's Answer to Address on the Birth of a Princess

The Lord Chamberlain reported, “That the Lords with White Staves had (according to the Order of this House on Thursday last), waited on His Majesty, with their Lordships Address of Congratulation on the joyful. Occasion of the safe Delivery of the Queen, and the Birth of a Princess; and that His Majesty was pleased to receive the same very graciously, and to say, He looked upon it as a fresh Instance of their Lordships Duty and Affection to His Person and Family.”

Dufam's Nat Bill.

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

Ordered, That the said Bill be engrossed.

The House being informed, “That some of the Commissioners of the Customs attended:”

East India Goods and Naval Stores, & c. Accounts delivered.

They were called in, and delivered at the Bar, pursuant to several Acts of Parliament, “The Return of the said Commissioners, with the following Accounts; (videlicet),

1. An Account of prohibited East India Goods brought into Saint Hellen's Warehouses in the Port of London, from Michaelmas 1767 to Michaelmas 1768, also what exported during that Time, and what remained in the said Warehouses at Michaelmas 1768.

2. An Account of prohibited East India Goods brought into Leadenhall and Billster Lane Warehouses in the Port of London, from Michaelmas 1767 to Michaelmas 1768, also what exported during that Time, and what remained in the said Warehouses at Michaelmas 1768.

3. An Account of prohibited East India Goods remaining in His Majesty's Warehouse in the Port of London at Michaelmas 1767, what have been since brought in, what exported, as also what remained at Michaelmas 1768.

4. An Account of East India Goods prohibited to be worn in this Kingdom, in the respective Warehouses in the Out Ports at Michaelmas 1767, what have been since brought in, what exported, as also what remained at Michaelmas 1768.

5. An Account of prohibited East India Goods which have been delivered out of the Warehouses at Saint Hellen's, Leadenhall, Bilhter Lane, and the Custom-house, in the Port of London, since Michaelmas 1767, in order to be dyed, glazed, and refreshed; what have been returned, and what remained at Michaelmas 1768.

6. An Account of Naval Stores imported from Russia into the Port of London, from Michaelmas 1767 to Michaelmas 1768.

7. An Account of Naval Stores imported from Russia into the Ports of England (commonly called The Out Ports) from Michaelmas 1767 to Michaelmas 1768.

An Account of all Corn, Grain, Meal, Malt, Flour, Bread, Biscuit, and Starch, exported from England to any Place whatsoever, by virtue or in pursuance of any of the Liberties or Powers given or granted for that Purpose, by an Act, passed last Session, to prohibit the Exportation thereof.

“An Account of the Number of Ships which have been employed in the Whale Fishery to Davis's Streights and the Greenland Seas, with their respective Burthens, from whence they were sitted out, and at what Port in Great Britain they were discharged, and also what Quantity of Oil or Whale Fins each Ship has imported in the Year 1768.”"

And then they withdrew.

And the Titles thereof being read by the Clerk:

Ordered, That the said Accounts do lie on the Table.

Douglas against Dalrymple et al.

Upon reading the Petition and Appeal of Sir John Douglas of Kelhead Baronet, complaining of an Interlocutor of the Lords of Session in Scotland, of the 4th of August 1759, of Four Interlocutors of the Lord Ordinary there, of the 17th of February 1761, 8th of January 1762, 3d of July and 2d of August 1764; and praying, “That the same may be reversed, varied, or altered,' or that the Appellant may have such Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that Mr. Hugh Dalrymple, Advocate, eldest Son and Heir of Robert Dalrymple, deceased, Hugh Dalrymple, eldest Son of the said Mr. Hugh Dalrymple, Captain John Pitcairn, Charles brown and Alexander Orr, Writers to the Signet in Edinburgh, James Allison and James Watson, Writers in Edinburgh, and others, Trustees of the said Robert Dalrymple, may be required to answer the said Appeal:”

It is Ordered, That the said Heirs and Trustees of the said Robert Dalrymple 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 12th Day of December next; and Service of this Order, upon any of their Procurators or Agents, in the said Court of Session in Scotland, shall be deemed good Service.

Waddell against Inglib.

Upon reading the Petition and Appeal of Robert Waddell, conjunct principal Clerk of the Bills to the Court of Session in Edinburgh, complaining of Four Interlocutors of the Lords of Session in Scotland, of the 18th Day of June and 8th Day of August 1766, the 27th of July and 9th of August 1768; and praying, “That the same may be reversed, varied, or altered, or that the Appellant may have such Relief in the Premises, as to this House, in their Lordships great Wisdom, mall seem meet; and that Charles Inghs may be required to answer the said Appeal:”

It is Ordered, That the said Charles Inglis may have a Copy of the said Appeal, and do put in his Answer thereto, in Writing, on or before Monday the 12th Day of December next; and Service of this Order upon the said Respondent, or upon any of his Agents or Solicitors, in the said Court of Session in Scotland, shall be deemed good Service.

Ross against Sir John Gordon and William Gordon

Upon reading the Petition and Appeal of David Ross of Inverchasly Esquire, complaining of Two Interlocutors of the Lords of Session in Scotland, of the 6th and 20th Days of February last; and praying, “That the same may be reversed, or that the Appellant may have such Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that Sir John Gordon of Invergordon Baronet, and William Gordon of Newball, may be required to answer the said Appeal:”

It is Ordered, That the said Sir John Gordon and William Gordon 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 12th Day of December next; and Service of this Order upon the Procurators or Agents of the said Respondents in the said Court of Session in Scotland, shall be deemed good Service.

His Majesty's Advocate against D. Gordon et al. Hearing put off till next Session.

Upon reading the Petition of His Majesty's Advocate for Scotland, Appellant in a Cause depending in this House, wherein His Grace the Duke of Gordon and others are Respondents, praying, “In regard the Matters in Dispute between the Parties are under an Accommodation, that the Hearing of the said Cause may be put off till the next Session of Parliament, the Agent for the Respondents having signed the said Petition as Consenting thereto:”

It is Ordered, That the Hearing of the said Cause be put off till the next Session of Parliament, as desired.

Heriot against Grant

Upon reading the Petition of Doctor Robert Heriot, Appellant in a Cause depending in this House, wherein Lewis Grant, Trustee for the Creditors of Adam and Thomas Fairholme, is Respondent; setting forth, “That this Cause having been amicably ended by a Compromise between the Parties;” and therefore praying, “That he may be at Liberty to withdraw his said Appeal, the Agent for, the Respondent having signed the said Petition, as consenting thereto:”

Appeal withdrawn.

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

Watson peremptorily to answer Fairie's Appeal.

The House being informed, “That James Watson, Respondent to the Appeal of James Fairie, had not put in his Answer to the said Appeal, though duly served with the Order of this House for that Purpose:”

And thereupon an Affidavit of William Bogle, of the due Service of the said Order, being read:

Ordered, That the said Respondent do put in his Answer to the said Appeal peremptorily in a Week.

Davidson to enter into Recognizance on Ross's Appeal,

The House being moved, “That Henry Davidson Gentleman may be permitted to enter into a Recognizance for David Ross Esquire, on Account of his Appeal depending in this House, he Residing in Scotland:”

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

and on Wallace's Appeal,

The House being moved, “That Henry Davidson Gentleman may be permitted to enter into a Recognizance for David Wallace, on account of his Appeal depending in this House, he residing in Scotland:”

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

and on Ross's Appeal.

The House being moved, “That Henry Davidson may be permitted to enter into a Recognizance for David Ross of Inverchasly, on Account of his Appeal depending in this House, he residing in Scotland:”

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

Spottiswoode to enter into Recognizance on Adams's Appeal,

The House being moved, “That John Spottiswoode, of the Inner Temple, London, Gentleman, may be permitted to enter into a Recognizance for Robert Adam, on Account of his Appeal depending in this House, he residing in Scotland:”

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

and on Murray's Appeal.

The House being moved, “That John Spottiswoode, of the Inner Temple, London, Gentleman, may be permitted to enter into a Recognizance for John Murray Esquire, on Account of his Appeal depending in this House, he residing in Scotland:”

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

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, decimum quintum diem instantis Novembris, hora undecima Auroræ, Dominis sic decernentibus.

DIE Martis, 15^o Novembris 1768.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Adams against Irwine

The Answer of Major General Irwine of Burleigh, and of James Irwine of Kingcausie, to the Appeal of Robert Adam of Dowhill, was this Day brought in:

E Lauderdale against Mackay.

As was also the Answer of the Honourable George Mackay to the Appeal of James Earl of Lauderdale:

Lodge against Manlergh

And also the Answer of James Mansergh Esquire to the Appeal of George Lodge Gentleman.

Douglas against D. Hamilton; Petition for a Bye Day.

Upon reading the Petition of Archibald Douglas Esquire and his Guardians, Appellants in a Cause depending in this House, to which his Grace the Duke of Hamilton and others are Respondents, and which stands appointed for hearing; setting forth,” That the Proceedings and Proofs in this Cause being of an extraordinary Length, and the Questions to be determined being of great and general Importance, the Petitioners apprehend it may be necessary to appoint some special Time for entering upon a Cause of so uncommon a Length;” and therefore praying, “In regard the same hath lain over ever since the Beginning of last Session of Parliament, that the said Cause may be heard on such early Day as to the 'House, in their Lordships great Wisdom, shall seem meet:”

It is Ordered, That this House will hear the said Cause by Counsel at the Bar on Monday the 16th Day of January next; and that the Counsel be called in at Eleven o' Clock; and that the Agents on both Sides do deliver their Cases to the Clerk on Tuesday the 20th Day of December next.

Duaur's Nat. Bill.

Hodie 3^o vice lecta est Billa, intituled; “An Act for naturalizing John Dufaur.”

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

It was resolved in the Affirmative.

Message to H. C. with it.

A Message was sent to the House of Commons, by Mr. Harris and Mr. Browning:

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

Wilts of Error

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

In the First of which,

Bellamy against Spencer and Harrison:

Samuel Bellamy is Plaintiff, and Joseph Spencer and Abraham Harrison are Defendants.

In the Second,

Bellamy against Spencer and Harnson:

Samuel Bellamy is Plaintiff, and Joseph Spencer and Abraham Harrison are Defendants.

In the Third,

Peace against Lewis.

William Peace is Plaintiff, and John Lewis is Defendant.

In the Fourth,

Hammond against Stibbs:

William Hammond is Plaintiff, and Joseph Stibbs Defendant.

In the Fifth,

Fearon and Bond against Lechmere:

Peter Fearon and William Bond, Bail of John Kennion Esquire, are Plaintiffs, and Charles Lechmere Esquire is Defendant.

And in the last,

Morgan against Places and others.

William Morgan, Bail of Thomas Horsfall, is Plaintiff, and John Place, John Robley, and Timothy Place,' are Defendants.

Lady Frances Williams Wynne's Petition referred to Judges.

Upon reading the Petition of Dame Frances Williams Wynne, the Mother and natural Guardian of Sir Watkin Williams Wynne Baronet, a Minor, on Behalf of the said Sir Watkin Williams Wynne; praying Leave to bring in a Bill to enable the said Sir Watkin Withems Wynne, with the Consent of his said Mother, or Guardian for the Time being, to make a Settlement of all or any Part of his Estates in England and Wales, or either of them, upon his intended Marriage with the Right Honourable the Lady Harriot Somerset, now the eldest Daughter of the Most Noble Charles Noel, late Duke of Beaufort, by the Most Noble Elizabeth, now Duchess Dowager of Beaufort, notwithstanding his Minority:

' It is Ordered, That the Consideration of the said Petition be, and is hereby referred to the Lord Chief Baron of the Court of Exchequer, and Mr. Baron Perrott, 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 nave signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

Irving to enter into Recognizance on Waddel's Appeal;

The House being moved, “That John Irving Gentleman may be permitted to enter into a Recognizance for Robert Waddell, on Account of his Appeal depending in this House, he residing in Scotland:”

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

and on Sir John Douglas's Appeal.

The House being moved, “That John Irving, Gentleman may be permitted to enter into a Recognizance for Sir John Douglas Baronet, on Account of his Appeal depending in this House, he residing in Scotland:”

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

Papers relating to Disturbances in America to be laid before the House.

The Lord Harwich acquainted the House, “That he had received His Majesty's Commands to lay before the House, Papers relating to the late Disturbances in America; and that the same would be laid before the House in a few Days accordingly.”

Adjourn.

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

DIE Veneris, 18^o Novembris 1768.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Sir John Douglas against et al.

The Answer of Hew Dalrymple, and others, Heirs and Trustees of Robert Dalrymple deceased, to the Appeal of Sir John Douglas of Kilhead, Baronet, was this Day brought in.

Lord Archer takes his Seat.

This Day Andrew Lord Archer sat first in Parliament after the Death of his Father Thomas Lord Archer, his Lordship having first at the Table taken the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

D. Beaufort takes the Oaths.

Henry Duke of Beaufort took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Wedderburn against Sir Peter Halket et al.

Upon reading the Petition and Appeal of Henry Wedderburn Esquire, Second Son of the deceased Charles Wedderburn of Gosford, and Alexander Wedderburn of St. Germains Esquire, complaining of Two Interlocutors of the Lords of Session in Scotland, of the 27th of November 1761, and 16th of February 1762; and praying, “That the same may be reversed, varied, or altered, or that the Appellants may have such Relief in the Premises as to this House, in their Lordships great Wisdom, shall seem meet; and that Sir Peter Halket, Alexander Hart his Curator ad litem, and John Wedderburn, may be required to answer the said Appeal:”

It is Ordered, That the said Sir Peter Halket, Alexander Hart, and John Wedderburn, may have a Copy of the said Appeal, and do put in their Answer, or respective Answers thereunto, in Writing, on or before Friday the 9th Day of December next; and Service of this Order upon the said Respondents, or upon any of their known Counsel or Agents, before the said Court of Session in Scotland, shall be deemed good Service.

M'Lord et al. against Sir John Gordon.

Upon reading the Petition and Appeal of Roderick M'Lord of Cadboll, Charles Urquhart of Braelangwell, Hugh Rose Younger of Aitnock, and others, Freeholders, standing on the Roll of the County of Cromarty, complaining of Two Interlocutors of the Lords of Session in Scotland, of the 19th of February and 8th of March last 5 and praying, ” That the same may be reversed, varied, or altered, or that the Appellants may have such Relief in the Premises as to this House, in their Lordships great Wisdom, shall seem meet; and that Sir John Gordon of Invergordon, Baronet, may be required to answer the said Appeal:”

It is Ordered, That the said Sir John Gordon may have a Copy of the said Appeal, and do put in his Answer thereunto, in Writing, on or before Friday the 9th Day of December next, and Service of this Order upon the known Agent of the said Respondent, in the said Court of Session in Scotland, shall be deemed good Service.

Sparhaukea Petition referred to Judges.

Upon reading the Petition of Lawndey Sparhauke Esquire, and Edward Sparhauke Esquire, praying Leave to bring in a Bill, for the Purposes in the Petition' mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby referred to the Lord Chief Baron of the Court of Exchequer, and Mr. Baron Smythe, 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.

Garth's Petition referred to Judges.

Upon reading the Petition of Richard Garth Esquire, praying Leave to bring in a Bill to enable the Petitioner to grant Leases pursuant to a Contract entered into by him, and also of all or any other Part of the Settled Estates in the Petition mentioned, for any Term not exceeding Ninety-nine Years, for the Benefit of himself and all Persons claiming under the Settlement in the Petition also mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby referred to the Lord Chief Baron of the Court of Exchequer, and Mr. Justice Clive, 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.

Whitehurst et Ux. Petition referred to Judges.

Upon reading the Petition of the Reverend Thomas Whitehurst Clerk, and Sarah his Wife, on Behalf of themselves, and of Richard Hitchin Whitehurst, John Whitehurst, and Sarah Hitchin Whitehurst, their Infant Children; praying Leave to bring in a Bill for carrying into Execution an Agreement for an Exchange of certain Estates in the Petition mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby referred to the Lord Chief Baron of the Court of Exchequer, and Mr. Baron Smythe, 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.

Sir John Douglas against Dalrymple.

The House being moved, “That a Day may be appointed for hearing the Cause wherein Sir John Douglas Baronet is Appellant, and Robert Dalrymple 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.

Adjourn.

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