House of Lords Journal Volume 32: January 1770, 11-20

DIE Lunæ, 15^o Januarii 1770.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Glen against Baille et al.

The Answer of Thomas Bailie and others, to the Appeal of Doctor Thomas Glen, was this Day brought in:

Wedderburn against Sir Peter Halket et al.

As was also, The Answer of Sir Peter Halket Baronet and others, to the Appeal of Henry Wedderburn Esquire:

Lumsdain against Bailie et al.

And also, The Answer of Thomas Bailie and others, to the Appeal of John Lumsdain:

Grey et al. against Montagu.

And also, The Answer of Edward Montagu to the Appeal of George Grey and others.

His Majesty's Answer to Address reported.

The Lord Chancellor reported, “ That the House did on Wednesday last present their Lordships Address to His Majesty, to which His Majesty was pleased to return the following Most Gracious Answer;” (videlicet),

My Lords,

I thank you for this affectionate and loyal Address: Your Resolution to enter immediately into the Consideration of such Measures as may best secure Us against the spreading of the Distemper among the Horned Cattle, affords Me great Satisfaction.

I have strong Reliance on your Determination to give Me every assistance in your Power, to support My Government in America.

Your Assurances of Duty and Loyalty towards Me, and your Resolution to cultivate Harmony among yourselves, give Me very sincere Pleasure.”

Ordered, That the said Address, and His Majesty's Most Gracious Answer thereto, be forthwith printed and published.

Walker et Ux. Petition reserled to Judges.

Upon reading the Petition of John Walker of Compton Bassett, in the County of Wilts, Esquire, eldest Son, and only surviving Son and Heir, of John Walker late of Lyneham, in the said County of Wilts, Esquire, deceased, by Dionisia his Wife, also deceased, and Arabella Walker, Wife of the said John Walker the Son; praying Leave to bring in a Bill for the Purposes in the said Petition mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby referred to 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.

Glon against Bathe et al.

The House being moved, “That a Day may be appointed for hearing the Cause wherein Thomas Glen Esquire is Appellant, and Thomas Baillie and others, are Respondents:”

It is Ordered, That this House will hear the said Cause, by Counsel at the Bar, on the First vacant Day for Causes, after those already appointed.

Lumsdain against Baillie et al.

The House being moved, “That a Day may be appointed for hearing the Cause, wherein John Lumsdain of Blancairn is Appellant, and Thomas Baillie and others are Respondents:”

It is Ordered, That this House will hear the said Cause, by Counsel at the Bar, on the First vacant Day for Causes, after those already appointed.

Skene et al. against Ogilvie.

The House being moved, “That a Day may be appointed for hearing the Cause, wherein George Skene Esquire and others are Appellants, and David Ogilvie Esquire 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.

Scott against Ogilvie et al; hearing ex-parte.

The House being moved, “That a Day may be appointed for hearing the Cause, wherein John Scott Writer in Edinburgh is Appellant, and Thomas Fotheringham Ogilvie and others, are Respondents, ex-parte, the Respondents not having put in an Answer, though peremptorily Ordered so to do:”

It is Ordered, That this House will hear the said Cause, by Counsel at the Bar, ex-parte, on the First vacant Day for Causes, after those already appointed, unless the (fn. 1) Respondents put in an Answer thereto in the mean Time.

Adam against Irwins and another.

The House being moved, “That a Day may be appointed for hearing the Cause, wherein John Adam of Maryburgh is Appellant, and John Irvine of Burleigh and another are Respondents:”

It is Ordered, That this House will hear the said Cause, by Counsel at the Bar, on the First vacant Day for Causes, after those already appointed.

Adam against Irwins.

The House being moved, “That a Day may be appointed for hearing the Cause, wherein Robert Adam of Dowhill is Appellant, and John Irwin and James Irwin are Respondents:”

It is Ordered, That this House will hear the said Cause, by Counsel at the Bar, or the First vacant Day for Causes, after those already appointed.

Davidson to enter into Recognizance on Patten et al. Appeal.

The House being moved, “That Henry Davidson Gentleman may be permitted to enter into a Recognizance for Thomas Patten Esquire and others, on Account of their Appeal depending in this House, they living in the Country:”

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

And on M'Kninon et al. Appeal.

The House being moved, “That Henry Davidson Gentleman may be permitted to enter into a Recognizance for Charles M'Kinnon of M'Kinnon, and his Curators, on Account of their Appeal depending in this House, they living in Scotland:”

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

Wedderburn and another against Sir Peter Halket et al.

The House being moved, “That a Day may be appointed for hearing the Cause wherein Henry Wedderburn Esquire and another are Appellants, and Sir Peter Halket Baronet and others are Respondents:”

It is Ordered, That this House will hear the said Cause, by Counsel at the Bar, on the First vacant Day for Causes after those already appointed.

His Majesty's Advocate against D. Gordon et al.

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 Accommodation, that the Hearing of the said Cause may be put off till the next Session of Parliament, the Agent for the said 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.

Irvine et al. against E. Aberdeen et al.

The House being informed, “That George Earl of Aberdeen and others, Respondents to the Appeal of Alexander Irvine of Drum, had not put in their Answer to the said Appeal, though duly served with the Order of this House for that Purpose:”

And thereupon an Affidavit of James Stewart, Writer to the Signet, of the due Service of the said Order being read:

Ordered, That the said Respondents do put in their Answer to the said Appeal, peremptorily, in a Week.

Dalgleish and Mackintosh against Sibbald.

Upon reading the Petition and Appeal of Mr. James Dalgleish Advocate, Sheriff Depute of the County of Fife, and Mr. Robert Mackintosh Advocate, complaining of an Interlocutor of the Lords of Session in Scotland of the 20th Day of December 1769; 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 James Sibbald may be required to Answer the said Appeal:”

It is Ordered, That the said James Sibbald 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 February next; and Service of this Order upon the said Respondent, or upon any of his known Agents or Counsel, in the said Court of Session in Scotland, mall be deemed good Service.

Grahame et al against M'Nair.

Upon reading the Petition and Appeal of John Grahame of Dougalston in Scotland, James Coulter, Archibald Ingram, John Cross, George Bogle, and the Representatives of George Buchanan Junior and James Spreul, all Merchants in Glasgow, in Scotland, Insurers of the Ship Jean and her Cargo, complaining of Four Interlocutors of the Lords of Session in Scotland, of the 8th of February, 21st of June, and 7th of August 1765, and 11th of March 1766; and praying, “That the same may be reversed or altered, or that the Appellants may have such Relief in the Premises, as to this House, in their Lordships great Wisdom shall seem just; and that Robert M'Nair may be required to Answer the said Appeal:”

It is Ordered, That the said Robert M'Nair 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 February next; and Service of this Order upon the said Respondent, or upon his known Agent, Solicitor, Counsel, or Procurators, in the said Court of Session in Scotland, (hall be deemed good Service.

Sinclair and Threipland against Sinclair.

Upon reading the Petition and Appeal of David Threipland Sinclair of Southdun, and Stuart Threipland of Fingash, his Father and Administrator in Law, complaining of an Interlocutor of the Lords of Session in Scotland, of the 4th of December 1767, and of Two Interlocutors of the Lord Ordinary there, of the 11th of February and 10th of March 1767; 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 Katherine Sinclair may be required to Answer the said Appeal:”

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

Chattos against Baillie.

Upon reading the Petition and Appeal of John Chatto, eldest lawful Son of the Reverend Mr. Andrew Chatto, Minister of the Gospel at Morbattle, and Mrs. Agnes Tennant deceased, his late Wife, and Heir General to her, and of the said Mr. Andrew Chatto his Father and Administrator at Law, complaining of Two Interlocutors of the Lords of Session in Scotland, of the 20th of June and 4th of July 1766; 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 William Baillie may be required to Answer the said Appeal:”

It is Ordered, That the said William Baillie 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 February next; and Service of this Order upon the said Respondent, or upon any One of his Procurators or Agents in the said Court of Session in Scotland, shall be deemed good Service.

Johnston again Huoys.

Upon reading the Petition and Appeal of Archibald Johnston Merchant in Kelso, complaining of Two Interlocutors of the Lords of Session in Scotland of the 6th of February and 11th of March 1768; and also of Six Interlocutors of the Lords of Session there of the 26th of July 1768, the 14th and 21st of February, 2d of March, and 6th and 20th of December 1769; and praying, “That an Interlocutor of the Lord Ordinary of the 14th of November 1766 may be affirmed, and the Rest reversed, varied, or altered, or that the Appellant may have such Relief in the Premises as to this House, in their Lordships great Wisdom and Justice, shall seem meet; and that Thomas and John Huoy may be required to Answer the said Appeal:”

It is Ordered, That the said Thomas and John Huoy 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 February next; and Service of this Order upon the said Respondents, or upon any One of their Procurators or Agents, in the said Court of Session in Scotland, shall be deemed good Service.

Smythe et al. against Clay et al.

Ordered, That the Cause wherein John Smythe Esquire and others are Appellants, and Richard Lomax Clay Esquire and others are Respondents, which stands for Wednesday next, be put off to Wednesday Sevennight.

Urquhart to enter into Recognizance on Simpson's Appeal.

The House being moved, “That George Urquhart Gentleman may be permitted to enter into a Recognizance for James Simpson Merchant, in Glasgow, on Account of his Appeal depending in this House, he living in Scotland:”

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

Macleod et al. against Sir J. Gordon.

The House being informed, “That Sir John Gordon Respondent to the Appeal of Roderick Macleod and others, 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 James Bremner , Writer in Edinburgh, 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.

Pulteney against Sir J. Gordon et al.

The House being informed, “That Sir John Gordon and others, Respondents to the Appeal of William Pulteney Esquire, had not put in their Answer to the said Appeal, though duly served with the Order of this House for that Purpose:”

And thereupon an Affidavit of James Bremner Writer in Edinburgh, of the due Service of the said Order, being read:

Ordered, That the said Respondents do put in their Answer to the said Appeal, peremptorily, in a Week.

His Majesty's Advocate against M. Lothian.

The House being informed, “That William Marquis of Lothian, Respondent to the Appeal of His Majesty's Advocate for Scotland, 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 Thomas Blackhall, 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.

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

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

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 1768 to Michaelmas 1769; also, what exported during that Time, and what remained in the said Warehouses at Michaelmas 1769.

2. An Account of Prohibited East India Goods brought into Leadenhall and Billiter Lane Ware Houses, in the Port of London, from Michaelmas 1768 to Michaelmas 1769; also, what exported during that Time, and what remained in the said Warehouses at Michaelmas 1769.

3. An Account of Prohibited East India Goods remaining in His Majesty's Warehouse, in the Port of London, at Michaelmas 1768; what have been since brought in, what exported, as also what remained at Michaelmas 1769.

4. An Account of East India Goods prohibited to be worn in this Kingdom, in the respective Warehouses, in the Out Ports, at Michaelmas 1768; what have been since brought in, what exported, as also what remained at Michaelmas 1769.

5. An Account of Prohibited East India Goods which have been delivered out of the Warehouses at Saint Hellen's, Leadenhall, Billiter Lone, and The Custom House, in the Port of London, since Michaelmas 1768, in order to be dyed, glazed, and refreshed; what have been returned, and what remained out at Michaelmas 1769.

6. An Account of Naval Stores imported from Russia into the Port of London, from Michaelmas 1768 to Michaelmas 1769.

7. An Account of Naval Stores imported from Russia into the Ports of England, (commonly called The Out Ports), from Michaelmas 1768 to Michaelmas 1769.

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 Names and Burthens, from whence they were fitted 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 1769.

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, continued from last Account, (viz.) from the 10th of October 1768 exclusive, to 10th of October 1769 inclusive.”

And then (fn. 2) they withdrew.

And the Titles thereof being read by the Clerk:

Ordered, That the same do lie on the Table.

L. Paget takes his Seat.

The House being informed, “That the Lord Paget was attending, with his Writ of Summons to Parliament,” the Lord Chancellor explained to the House his Lordship's Descent, as eldest Son and Heir at Law of Caroline Bay'y Daughter and Sole Heir of Colpnel Thomas Paget who was only Son and Heir of Henry Paget. Second Son of Sir William Paget Baron Paget, who died in October 1678, lineal Ancestor of the late Earl of Uxbridge Baron Paget:

And thereupon, The Lord Paget was called in, and having presented his Writ of Summons to the Lord Chancellor, the same was read by the Clerk, as follows:

George the Third, by the Grace of God of Great Britain, France, and Ireland, King, Defender of the Faith, and so forth; To Our Right Trusty and Well-beloved Henry Paget de Beaudesert Chevalier, Greeting: Whereas Our Parliament, for arduous and urgent Affairs, concerning Us, the State and Defence of Our Kingdom of Great Britain, and the Church, is now met at Our City of Westminster; We, strictly enjoining, command you, under the Faith and Allegiance by which you are bound to Us, that, considering the Difficulty of the said Affairs, and Dangers impending, all Excuses being laid aside, you be Personally present at Our aforesaid Parliament, with Us, and with the Prelates, Nobles, and Peers, of Our said Kingdom to treat of the aforesaid Affairs, and to give your Advice; and this you may in no wise omit, as you tender Us and Our Honour, and the Safety and Defence of the said Kingdom and Church, and the Dispatch of the said Affairs.

Witness Ourself, at Westminster, the Thirteenth Day of January, in the Tenth Year of Our Reign.

“Yorke and Yorke.”

Which done,

The Lord Paget took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes; and then took his Place on the Baron's Bench, next below the Lord Willoughby of Parham.

L. Hay takes the Oaths.

Thomas Lord Hay took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Time enlarged for Prosecution of Appeals.

Ordered, That the Time limited by the Standing Order of this House, of the 5th of April 1720, requiring Appeals to be prosecuted within Eight Days from the First Day of every Session of Parliament, be for this Session enlarged to Wednesday the 24th Day of this instant January.

Motion for Lords to be summoned.

Moved, “That all the Lords be summoned to attend the Service of this House on Wednesday next.”

Motion to adjourn agrees to.

Then it was moved, “To adjourn to this Day Seven-night:”

Which being objected to:

After Debate,

The Question was put, “Whether this House shall adjourn to this Day Sevennight?”

It was resolved in the Affirmative.

Protest thereupon.

Dissentient,

1st. Because the Noble Lord, who moved the House, on Monday last, that the Lords should be summoned for Wednesday, had declared in his Speech, that he meant, on that Day, to make a Motion, which, in its Consequences, would afford the Opportunity of bringing under Consideration of the House, many Matters of the most essential Concern to the Happiness of this Country; and we think that this House ought not, at any Time, to refuse the Request of a Peer, who desires that the House may be summoned upon a Motion which he promises to make, and which he declares to be of Importance.

And we are the better warranted in this Opinion, as we apprehend that, in fact, there are no Instances of the House rejecting a Motion for the Lords to be summoned.

2dly. BeCause several Lords in Administration, being sensible of the Indecency and Novelty of directly rejecting such a Motion, chose to get it rejected indirectly, by that Parliamentary Management of moving to adjourn to a long Day; and we conceive such an artful Conduct unworthy of a House of Parliament at any Conjuncture; but to be particularly so in the present Moment, when His Majesty, in His Speech, has recommended several Matters of the most serious Nature to our immediate Consideration, and when the universal Discontent of the Nation (on Account of certain arbitrary and illegal Proceedings, whereby their most valuable Rights are subverted) threatens some near and dangerous Crisis.

In this Moment, and when the House has not sat One Day, to do any other Business than sending a complimentary Address to the Crown, when it had already adjourned for almost One Week, to adjourn for another, will, we conceive, tend to damp the Hopes of that Relief for which the People do, and ought, in their present Situation, to look up to this House; as it indicates an Unwillingness to enter upon Matters of the highest Importance to the Peace and Welfare of the Kingdom; affords a bad Prognostic of the Protection which this House owes to the Rights and Liberties of the Subject, and shews, that We are more attentive to the Conveniences of Administration than to the real Grievances of the People.

3dly. BeCause, although no Reason was alledged for this uncommon Proceeding, One was hinted at of an extraordinary Nature indeed, whereby we were made to understand that this Delay of a Week was necessary for Administration to settle Arrangements relative to an Office which was so closely connected with this House, that it could not sit without the Officer.

It is difficult for us to give our Sentiments upon, a Matter which the Lord who mentioned it, though called upon, refused to explain. But when we reflect that this Hint came from a Noble Lord in high and confidential Office, we think it could have alluded only to the Removal of the Lord High Chancellor of England, the Speaker of this House; and when we recollect, the Part, so honourable to himself, but perhaps so offensive to Administration, which that Noble Lord had taken the First Day of this Session, we cannot but be apprehensive that there may be some evil Counsellor hardy enough to attempt Punishments for Freedom of Debate in Parliament, and to dare advise His Majesty to remove from his Office a Peer of this House at the Head of the Law for his Vote in Parliament.

Richmond.

Scarbrough.

Fortescue.

Fitzwilliam.

Manchester.

Rockingham.

Portland.

Wycombe.

Temple.

Albemarle.

Bolton.

Whereupon,

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, vicesimum secundum diem instantis Januarii, hora undecima Auroræ, Dominis sic decernentibus.