Pages 403-415
Journal of the House of Lords Volume 32, 1768-1770. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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Die Lunæ, 22o Januarii 1770.
Domini tam Spirituales quam Temporales præsente fuerunt:
L. Mansfield appointed Speaker by virtue of a Commission.
The House was informed, “That His Majesty had granted a Commission, under the Great Seal, constituting and appointing William Lord Mansfield to supply the Place of Lord Chancellor, or Lord Keeper of the Great Seal, in this House as Speaker:”
And the said Commission was read by the Clerk, as follows:
George R.
Commission read.
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 Counsellor William Lord Mansfield Our Chief Justice assigned to hold Pleas before Us, Greeting: Know ye, That We, trusting in your approved Fidelity, Wisdom, and Discretion, have constituted, named, and appointed, and by these Presents do constitute, name, and authorize you, from Time to Time, during Our Pleasure, to use, occupy, and enjoy, the Room and Place of a Lord Chancellor, or Lord Keeper of Our Great Seal of Great Britain, in Our Upper House of Parliament, now holden at Westminster, amongst the Lords Spiritual and Temporal there assembled, and then and there to do and execute all such Things as the said Lord Chancellor, or Lord Keeper of Our Great Seal, should or might in that Behalf do, if he were there personally present using and supplying the same Room: Wherefore, We will and command you, the said William Lord Mansfield, to attend and execute the Premises with Effect; and these Our Letters Patent mail be your sufficient Warrant and Discharge for the same in every Behalf. In Witness whereof We have Caused these Our Letters to be made Patent.
Witness Ourself at Westminster, the Twenty-second Day of January, in the Tenth Year of Our Reign.
By the King himself, signed with His own Hand.
“Yorke.”
Which done,
The Lords called upon the Lord Mansfield to take his Place upon the Woolsack; and appointed the Mace to be laid thereupon, and to be carried before him.
PRAYERS.
Irvine et al. against E. Aberdeen et al.
The Answer of George Earl of Aberdeen and others, to the Appeal of Alexander Irvine of Drum and his Curators, was this Day brought in.
E. Orford takes the Oaths.
George Earl of Orford took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.
E. Orford Petition referred to Judges.
Upon reading the Petition of George Earl of Orford, 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. Justice Yates, 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.
Bp St. Asaph to preach on 30th of Jan.
Ordered, That the Lord Bishop of Saint Asaph be, and he is hereby desired to preach before this House, in the Abbey Church Westminster, on Tuesday the 30th Day of this instant January.
Macdonald et al. against Butter.
Upon reading the Petition and Appeal of Ronald and Alexander Macdonalds Principal Tenants of Aberarder, Tullochromb, Strathcrunichan, Garlme, and others, and their Subtenants in these Lands, complaining of Two Interlocutors of the Lords of Session in Scotland, of the 1st and 10th of August 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 Henry Butter may be required to Answer the said Appeal:”
It is Ordered, That the said Henry Butter may have a Copy of the said Appeal, and do put in his Answer thereto in Writing, on or before Monday the 19th Day of February next; and Service of this Order upon any of the known Counsel or Agents of the said Respondent, in the said Court of Session in Scotland, shall be deemed good Service.
Alexander against Chrystie.
Upon reading the Petition and Appeal of Robert Alexander Esquire, Merchant in Edinburgh, complaining of an Interlocutor of the Lords of Session in Scotland of the 11th of February 1767; 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 James Chrystie may be required to Answer the said Appeal:”
It is Ordered, That the said James Chrystie may have a Copy of the said Appeal, and do put in his Answer thereto, in Writing, on or before Monday the 19th Day of February next; and Service of this Order upon any of the Procurators or Agents of the said Respondent in the said Court of Session in Scotland, shall be deemed good Service.
E. Home against Alcoro.
Upon reading the Petition and Appeal of Alexander Earl of Home, complaining of Four Interlocutors of the Lord Ordinary in Scotland, of the 31st of January, 24th of July, 7th of August, and 19th of November 1766; 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 Widow, shall seem meet; and that James Alcorn may be required to Answer the said Appeal:”
It Is Ordered, That the said James Alcorn may have a Copy of the said Appeal, and do put In his Answer thereto, in Writing, on or before Monday the 19th Day of February next; and Service of this Order upon the said Respondent, or upon any of his Procurators or Agents of the said Court of Session in Scotland, shall be deemed good Service.
Campbell against E. Eglinton and Montgomery Appeal from the Court of Justiciary referred to a committee.
Upon reading the Petition and Appeal of Mungo Campbell, late Officer of Excise at Saltcoats, now Prisoner in the Tolbooth of Edinburgh, complaining of an Interlocutory Sentence or Judgement of the Court of Justiciary in Scotland, of the 22d Day of December 1769; 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 Archibald Earl of Eglinton and James Montgomery may be required to Answer the said Appeal:
It is Ordered, That the said Appeal be referred to the Consideration of the Lords following, to consider whether the same be properly brought, and to report their Opinion thereupon to the House:
Their Lordships, or any Five of them, to meet on Monday the 29th Day of this Instant January, at Ten o'Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.
Scott against L. Falconar et al.
Upon reading the Petition and Appeal of James Scott of Brotherton Esquire, complaining of Three Interlocutors of the Lord Ordinary in Scotland, of the 5th of August 1762, the 21st of January and 11th of February 1763; of Two Interlocutors of the Lords of Session there, of the 30th of June and 15th of July 1763; and also of Two other Interlocutors of the said Lords of the 4th of July and 22d of November 1769; 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 William Lord Falconar of Halkerron, Thomas Carnegie of Craigo, Robert Taylor of Kirklonhill, Robert Mill of Hatton, now designing himself, Robert Scott of Logie, and John Mackenzie of Woodstock, may be required to Answer the said Appeal:”
It is Ordered, That the said William Lord Falconar, and the said fecial Persons last named, 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 19th Day of February next; and Service of this Order upon any of the Procurators or Agents of the said Respondents in the said Court of Session in Scotland, shall be deemed good Service.
Dickson against the Presbytery of Biggar et al.
Upon reading the Petition and Appeal of David Dickson of Kilhucho Esquire, complaining of Two Interlocutors of the Lords of Session in Scotland, of the 19th of July and 14th of November 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 just; and that the Ministers of the Presbytery of Biggar, Elizabeth Tate, Thomas M'Courtie, the Heirs liable for the Debts of Mr. Bowte now deceased, and Lockhart of Cornwall Esquire, eldest Son and Heir of George Lockhurst of Carnwath deceased, may be required to Answer the said Appeal:”
It is Ordered, That the said Ministers of the Presbytery of Biggar, Elizabeth Tate, Thomas M'Courtie, and George Lockhart, 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 19th Day of February next; and Service of this Order upon the said Respondents, or upon their known Agents or Counsel in the said Court of Session in Scotland, shall be deemed good Service.
E. Home against Wilson.
Upon reading the Petition and Appeal of Alexander Earl of Home, complaining of Four Interlocutors of the Lords of Session in Scotland, of the 31st of January, 24th of July, 7th of August, and 19th of November 1766; 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 Willam Wilson may be required to Answer the said Appeal:”
It is Ordered, That the said William Wilson may have a Copy of the said Appeal, and do put in his Answer thereto, in Writing, on or before Monday the 19th Day of February next; and Service of this Order upon any of the Procurators or Agents of the said Respondent, in the said Court of Session in Scotland, shall be deemed good Service.
E. Home against Steel and Wilson.
Upon reading the Petition and Appeal of Alexander of Home, complaining of several Interlocutors of the Lords Session in Scotland, of the 24th of December 1740, 2d of July 1741, 22d of July and 9th of December 1760, 21st of January 1764, 23d of February and 27th of June 1765; of an Interlocutor of the Lord Ordinary there, of the nth of August 1767; and of several other Interlocutors of the said Lords of Session of the 24th of December 1767, 10th of February, 25th of June, 4th of August, and 15th of November 1768, the 25th of January, and ist of August 1769; 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 Janet Steel and William Wilson may be required to Answer the said Appeal:”
It is Ordered, That the said Janet Steel and William Wilson 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 19th Day of February next; and Service of this Order upon the said Respondents, or upon any of their Agents, in the said Court of Session in Scotland, shall be deemed good Ses vice.
Luttrell against Nettervill et Ux.
Upon reading the Petition and Appeal of John Luttrell, complaining of a Decree of the Court of Chancery in Ireland, of the 10th of March 1767, made in a certain Cause wherein Robert Nettervill and Margaret Nettervill, otherwise (fn. 1) Nettervill, otherwise Aylmer, his Wife, Administratrix of Robert Luttrell her late Husband, deceased, were Plaintiffs, and the said John Luttrell was Defendant; and praying, “That the same may be set aside, 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 Robert Netlervill and Margaret Nettervill his Wife, may be required to Answer the said Appeal:”
It is Ordered, That the said Robert Nettervill and Margaret Nettervill 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 26th Day of February next; and Service of this Order-upon the Clerk in Court or Solicitor of the said Respondent, in the said Court of Chancery in Ireland, shall be deemed good Service.
E. Huderdak against Mackay.
The House being moved, “That a Day may be appointed for hearing the Cause, wherein James Earl of Lauderdale is Appellant, and the Honourable George Mackay 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.
Urquhart to enter into Recognizance on chatto's Appeal.
The House being moved, “That George Urquhart Gentleman may be permitted to enter into a Recognizance for John Chatto, 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.
E. Clanrickarde's et Ux. Petition referred to Judges.
Upon reading the Petition of the Right Honourable John Earl of Clanrickarde of the Kingdom of Ireland, Hester Countess of Clanrickarde his Wife, the Right Honourable Henry Lord Viscount Dunkellin eldest Son and Heir Apparent of the said Earl by the said Countess, and the Honourable John Thomas de Burgh, the youngest Son of the said Earl by the said Countess; 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 Adams, 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 said Petition; and also that the Judges, having perused the Bill, do sign the same.
Scott to enter into Recognizance on Grahame's et al Appeal.
The House being moved, “That William Scott of the Parish of Saint Andrew Hubbart in the City of London Merchant, may be permitted to enter into a Recognizance for John Grahame of Dougalstone and others, on Account .of their Appeal depending in this House, they living in Scotland:”
It is Ordered, That the said William Scott may enter into a Recognizance for the said Appellants, as desired.
State of Nation to be considered.
Ordered, That this House will take into Consideration the State of the Nation on Thursday next; and that the Lords be summoned.
Adjourn.
Dominus Mansfield Capitalis Justiciarius Banci Regii declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, vicesimum tertium diem instantis Januarii, hora undecima Auror' Dominis sic decernentibus.
Die Martis, 23o Januarii 1770.
REX.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
The Lord Mansfield sat Speaker, by virtue of His. Majesty's Commission.
Patten et al. against Carruthers et al.
The Answer of William Carruthers and others, to the Patten et al. Appeal of Thomas Patten and others, was this brought in.
E. of Erroll returned a Peer for Scotland.
This Day the Deputy Clerk of the Crown in Chancery delivered in a Certificate of the Name of the Peer of Scotland, who is, by virtue of His Majesty's Proclamation, (fn. 2) chosen to sit and vote in this House, in the Room of Alexander Earl of Eglintoun deceased:
Which was read by the Clerk, as follows; (videlicet),
May it please your Lordships,
I do hereby certify, That, by virtue of His Majesty's Royal Proclamation, dated the Sixth Day of December One thousand seven hundred and sixty-nine, a Certificate, under the Hands and Seals of Thomas Gibsone and Alexander Tait Esquires, Two of the Principal Clerks of Session attending the Election After mentioned, in virtue of the Lord Clerk Register's Commission to them granted, hath been delivered into the Crown Office in Chancery, whereby it appears, that James Earl of Erroll was elected and chosen to sit and vote in the House of Peers in this present Parliament, in the Room of Alexander Earl of Eglintoun deceased.
Given under my Hand, this 23d Day of January 1770.
John Yorke, Clerk of the, Crown in “Chancery.”
The House was adjourned during Pleasure, to robe.
The House was resumed.
The King present, and Sir Fletcher Norton, Speaker of the H. C. approved of.
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 Gentleman Usher of the Black Rod to let the Commons know, “It is His Majesty's Pleasure they attend him immediately in this House:”
Who being come,
Sir Fletcher Norton, Mr. Speaker Elect, was presented to His Majesty, for His Royal Approbation.
Then the Lord Mansfield, Lord Chief Justice of the Court of King's Bench, the Speaker of this House, having received Directions from His Majesty, signified His Majesty's Approbation of Mr. Speaker Elect.
Then His Majesty was pleased to retire:
And the Commons withdrew.
The House was adjourned during Pleasure, to unrobe.
The House was resumed.
Lyndsay against Bell.
Lyndsay Upon reading the Petition and Appeal of William Lyndsay Son and Heir at Law of Creighton Lyndsay deceased, who was Son and Heir at Law of Alexander and Mary Lyndsay deceased, complaining of an Order of the Court of Chancery in Ireland, or the 6th Day of May 1769; and praying, “That the same may be reversed and set aside, or that the Appellant may have such Relief in the Premises, as the Nature and Circumstances of the Case may require; and that Samuel Bell may be required to Answer the said Appeal:”
It is Ordered, That the said Samuel Bell may have a Copy of the said Appeal, and do put in his Answer thereto, in Writing, on or before Tuesday the 27th Day of February next; and Service of this Order upon the Clerk in Court, or Agent of the said Respondent in the said Court of Chancery in Ireland, shall be deemed good Service.
Irvine et al. against E. Aberdeen et al.
The House being moved, “That a Day may be appointed for hearing the Cause, wherein Alexander Irvine of Drum and his Curators or Guardians are Appellants, and George Earl of Aberdeen 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.
Patten et al against Carruthers et al.
The House being moved, “That a Day may be appointed for hearing the Cause, wherein Thomas Patten Esquire and others are Appellants, and William Carruthers 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.
Fisher to enter into Recognizance on Johnston's Appeal.
The House being moved, “That Daniel Fisher of Bunhill Row, Moorfields, London, may be permitted to enter into a Recognizance for Archibald Johnston Merchant, on Account of his Appeal depending in this House, he living in Scotland:”
It is Ordered, That the said Daniel Fisher may enter into a Recognizance for the said Appellant, as desired.
Spottiswoode to enter into Recognizance on E. Home's Three Appeal.
The House being moved, “That John Spottiswoode of The Inner Temple, London, Gentleman, may be permitted to enter into a Recognizance for Alexander Earl of Home, 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 House being moved, “That John Spottiswoode of The Inner Temple, London, Gentleman, may be permitted to enter into a Recognizance for Alexander Earl of Home, 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 House being moved, “That John Spottiswoode of The Inner Temple, London, Gentleman, may be permitted to enter into a Recognizance for Alexander Earl of Home, on Account of his Appeal depending in this House, he living in Scotland:”
and on Scott's Appeal.
It is Ordered, That the said John Spottiswoode may enter into a Recognizance for the said Appellant, as desired.
and on Scott's Appeal.
The House being moved, “That John Spottiswoode of The Inner Temple, London, Gentleman, may be permitted to enter into a Recognizance for James Scott of Brotherton 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.
and on Dickson's Appeal.
The House being moved, “That John Spottiswoode of The Inner Temple, London, Gentleman, may be permitted to enter into a Recognizance for David Dickson 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.
and on Sinclairs's Appeal.
The House being moved, “That John Spottiswoode of The Inner Temple, London, Gentleman, may be permitted to enter into a Recognizance for David Sinclair, 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.
Longlands to enter into Recognizance on Macdonalds et al. Appeal;
The House being moved, “That Thomas Longlands may be permitted to enter into a Recognizance for Ronald and Alexander Macdonalds and others, on Account of their Appeal depending in this House, they Residing in Scotland:”
It is Ordered, That the said Thomas Longlands may enter into a Recognizance for the said Appellants, as desired.
and on Alexander's Appeal.
The House being moved, “That Thomas Longlands may be permitted to enter into a Recognizance for Robert Alexander Esquire, Merchant in Edinburgh, on Account of his Appeal depending in this House, he living in Scotland:”
It is Ordered, That the said Thomas Longlands may enter into a Recognizance for the said Appellant, as desired.
Collins against Sawrey et al.
The House being informed, “That William Sawrey and others, Respondents to the Appeal of Simon Collins Clerk, 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 William Hardy Clerk to John Smith of Chancery Lane, London, Gentleman, 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.
Smythe et al. against Clay et al.
Ordered, That the Counsel in the Cause, wherein John Smythe and others are Appellants, and Richard Lomax Clay and others are Respondents, be called in Tomorrow, at One o'Clock.
Adjourn.
Dominus Mansfield Capitalis Justiciarius Banci Regii declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, vicesimum quartum diem instantis Januarii, hora undecima Auroræ, Dominis sic decernentibus.
Die Mercurii 24o Januarii 1770.
Domini tam Spirituales quam Temporales præsentes fueront:
PRAYERS.
The Lord Mansfield sat Speaker by virtue of a former Commission.
Smythe et al. against Clay et al.
This Day being appointed for hearing Counsel upon the Petition and Appeal of John Smythe, Edward Hippisley, Benjamin Boddington, and Francis Hobbs and Mary his Wife, complaining of Two Decrees of the Court of Chancery, of the 25th of July the 2d of George the Second, and 5th of February 5th of George the Second; and also of another Decree of the same Court, of the 22nd June 1767, made in a certain Cause, wherein John Smythe Gentleman, by Bills of Revivor and Supplemental Bill of Complaint, was Plaintiff; and Richard Lomax Clay, Edward Hippisley, John Towers, Daniel Stone, Martha Steere, Lee Steere, Benjamin Boddington, Francis Hobbs and Mary his Wife, and Ann Compion, were Defendants; and praying, “That the same might be reversed, or that the Appellants might have such Relief in the Premises as to this House, in their Lordships great Wisdom, should seem meet;” to which Appeal Richard Lomax Clay Esquire, John Towers, Daniel Stone, Martha Steere, and Lee Steere, have put in their Answers:
Counsel were accordingly called in; and were directed to argue the preliminary Question, Whether the said Appeal was brought within the Time limited by the Standing Order of this House for bringing Appeals? And the Counsel on both Sides having been fully heard upon the said preliminary Question: And being withdrawn:
Judgement.
It is Declared, by the Lords Spiritual and Temporal in Parliament assembled, That the Appeal from the Decrees of the 15th of July 1728, and 5th of February 1731, ought not to have been received: It is therefore Ordered, That the said Appeal be dismissed in so far as it complains of the said Decrees: And it is Ordered and Adjudged, That the Decree of the 22d of June 1767 be, and the same is hereby affirmed.
Civil List Revenues, &c. Accounts delivered.
The House being informed, “That Mr. Wilford, from the Exchequer, attended:”
He was called in, and delivered at the Bar, pursuant to Addresses to His Majesty in the last Session of Parliament for the several Accounts therein mentioned:
An Account of the Monies paid out of the Arrears of His late Majesty's Civil List Revenues, for the Use of His present Majesty's Civil Government, and for the Support and Maintenance of His House hold and Royal Family, with the Application thereof to each Head of Expence, distinguishing each Year in which such Application was made.”
Also, “An Account of all Monies which have been issued and paid out of the Receipt of His Majesty's Exchequer to any Person or Persons on Account of the Privy Purse, Secret Service, Pensions, Bounties, Contingencies, or any Sum or Sums of Money to any Person or Persons whatsoever without Account, from the 10th Day of October 1752 to the 10th Day of October 1760, distinguishing the Amount in each Year.”
And also, “An Account of all Monies which have been issued and paid out of the Receipt of His Majesty's Exchequer, to any Person or Persons on Account of the Privy Purse, Secret Service, Pensions, Bounties, Contingencies, or any Sum or Sums of Money to any Person or Persons whatsoever without Account, from the 25th Day of October 1760 to the 25th Day of February 1769, distinguishing the Amount in each Year.”
And then he withdrew.
And the Titles thereof being read by the Clerk:
Ordered, That the said Accounts do lie on the Table.
Westminster Bridge Accounts delivered.
Westminster The House being informed, “That Mr. Seddon, from the Commissioners of Westminster Bridge, attended:”
He was called in; and delivered at the Bar, pursuant to several Acts of Parliament, Two Books, containing,
A State of the Proceedings of the Commissioners for building Westminster Bridge, from the 8th Day of February 1769 to the 17th Day of January 1770, inclusive.
“Accounts of the Treasurer to the Commissioners for building Westminster Bridge, from the 10th Day of October 1768 to the 5th Day of January 1770, together with a Rent Roll, and an Account of Bridge Rents received, which grew due from the 5th of July 1768 to the 5th of July 1769.”
And then he withdrew.
And the Titles thereof being read by the Clerk:
Ordered, That the said Books do lie on the Table.
Geddie et al. against Dempster; Appeal from the Court of Justiciary referred to a Committee.
Upon reading the Petition and Appeal of Robert Geddie Junior, Merchant in the Burgh of Coupar in Fise, and of Robert Mackintosh Esquire Advocate, with Concourse of James Montgomery Esquire, His Majesty's Advocate for His Majesty's Interest, complaining of an Interlocutory Judgement and Decretal Order or Sentence of the Lord Justice Clerk and Commissioners of Justiciary in Scotland, of the 1st Day of August 1768; and praying, “That the same may be reversed, 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 George Dempster Esquire may be required to answer the said Appeal.”
It is Ordered, That the said Appeal be referred to the same Committee to whom the Appeal, wherein Mungo Campbell is Appellant, and the Earl of Eglintoun and others are Respondents, to consider whether the same be properly brought, and to report their Opinion thereupon to the House:
Their Lordships, or any Five of them, to meet on Monday next at Ten o'Clock in the Forencon, in the Prince's Lodgings, near the House of Peers, and to adjourn as they please.
Sir John Gordon against L. Ellibank et al.
Upon reading the Petition and Appeal of Sir John Gordon of Invergordon Baronet, complaining of Two Interlocutors ot the Lord Ordinary in Scotland, of the 23d of June and 31st of July 1767; and of Two Interlocutors of the Lords of Session there, of the 28th of July and 11th of August 1767; and praying, “That the same may be reversed; and that Patrick Lord Ellibank, William Fraser of Balrain, Roderick Mac Lord of Cadboll, William Pulteney Esquire, Henry Davidson of Tulloch, Charles Urquhart of Braelangwell, Hugh Rose Younger of Aitnoch, James Crawfurd Writer in Edinburgh, William Fraser of Ardochy, David Ross in Cadboll, David Ross of Inverchasly Advocate, David Ross Commissary Clerk of Ross, Alexander Fraser of Culduthill, and Roderick Mac Lord Writer in Edinburgh, may be required to answer the said Appeal:”
It is Ordered, That the said Patrick Lord Ellibank, and the said several Persons last named, may have a Copy of the said Appeal, and do put in their Answer, or respective Answers, thereunto, in Writing, on or before Wednesday the 21st Day of February next; and Service of this Order upon any of the Procurators or Agents of the said Respondents, in the said Court of Session in Scotland, shall be deemed good Service.
Hutcheson against the Representatives of Shearer et al.
Upon reading the Petition and Appeal of William Hutcheson, late Merchant in Leith, complaining of Two Interlocutors of the Lords of Session in Scotland, of the 1st of December 1768 and 9th of February 1769; 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 the Representatives of James Shearer, James Young, and Doctor Robert (fn. 3) M'Kenley, may be required to Answer the said Appeal:”
It is Ordered, That the said Representatives of the said James Shearer, James Young, and Doctor Robert M'Kenley, may have a Copy of the said Appeal, and do put in their Answer, or respective Answers, thereunto, in Writing, on or before Wednesday the 21st Day of February next; and Service of this Order upon the said Respondents, or upon any of their Procurators or Agents, in the said Court of Session in Scotland, shall be deemed good Service.
Cusack et Ux. against Gilbert.
Upon reading the Petition and Appeal of James Cusack and Angelina his Wife, and Bridget Cusack, complaining of a Decree of the Court of Exchequer in Ireland, of the 12th Day of November 1768, and also of Part of an Order or Decree of the said Court of the 23d of November 1768, made on a Rehearing which affirms the same, made in a certain Cause, wherein Robert Gilbert was Plaintiff, and James Cusack and Angelina his Wife, Bridget Cusack, Elizabeth Judge Darcy a Minor, by Susanna Darcy her Mother and Guardian, and Francis Da cy, were Defendants; and praying, “That the same may be reversed, set aside, 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 Robert Gilbert may be required to Answer the said Appeal:”
It is Ordered, That the said Robert Gilbert may have a Copy of the said Appeal, and do put in his Answer thereto, in Writing, on or before Wednesday the 28th Day of February next; and Service of this Order, upon the Clerk in Court, or Solicitor of the said Respondent in the said Court of Exchequer in Ireland, shall be deemed good Service.
State of the Nation, Consideration put off.
Moved, “That the Consideration of the State of the Nation, which stands appointed for Tomorrow, be put off to Friday the Second Day of February next; and that the Lords be summoned.”
After short Debate;
The same was agreed to, and Ordered accordingly.
Adjourn.
Dominus Mansfield Capitalis Justiciarius Banci Regii declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, vicesimum sextum diem instantis Januarii, hora undecima Auroræe, Dominis sic decernentibus.
Die Veneris, 26o Januarii 1770.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
The Lord Mansfield sat Speaker by virtue of a former Commission.
Sir John Douglas Dalrymple et al.
This Day being appointed for hearing Counsel upon the Petition and Appeal of Sir John Douglas of Kilhead Baronet, complaining of an Interlocutor of the Lords of Session in Scotland, of the 4th of August 1759; and also 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 might be reversed, varied, or altered, or that the Appellant might have such Relief in the Premises, as to this House, in their Lordships great Wisdom, should seem meet;” to which Appeal the Heirs and Trustees of Robert Dalrymple have put in their Answers.
Counsel were accordingly called in:
And the First Counsel for the Appellant declaring at the Bar, “That he should not trouble the House with any Argument on this Appeal:”
The Counsel were directed to withdraw.
Interlocutors affirmed with Costs.
Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal be, and is hereby dismissed this House; and that the said several Interlocutors therein complained of be, and the same are hereby affirmed: And it is hereby further Ordered, That the Appellant do pay, or Cause to be paid, to the Respondents, the Sum of One hundred Pounds for their Costs in respect, of the said Appeal.
Writs of Error:
The Lord Mansfield, Lord Chief Justice of the Court of King's Bench, in the usual Manner, delivered in at the Table Two Writs of Error:
In the First of which,
Hanforth against Gompertz and Harman.
John Hanforth is Plaintiff, and Solomon Gompertz and Meyer Hayman are Defendants:
And in the last,
Pocock and Pye against Gyles.
Joseph Pocock and John Pye are Plaintiffs, and Thomas Gyles is Defendant.
Mylne et al. against City of Edinburgh.
Upon reading the Petition and Appeal of William Mylne Architect in Edinburgh, Alexander Brown Merchant there, and Robert Mylne of London, complaining of Five Interlocutors of the Lords of Session in Scotland, of the 5th, 9th, 16th, and 21st of December 1769, and 18th of this instant January, 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 the Magistrates and Town Council of Edinburgh may be required to Answer the said Appeal:”
It is Ordered, That the said Magistrates and Town Council of Edinburgh, 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 23d Day of February next; and Service of this Order upon any of the Agents for the said Magistrates and Town Council of Edinburgh, in the said Court of Session in Scotland, shall be deemed good Service.
Accounts of the Payments of His Majesty's Civil Government delivered.
The House being informed, from the Treasury, attended:”
He was called in; and delivered at the Bar, pursuant to Addresses to His Majesty in the last Session of Parliament for the Accounts therein mentioned,
“An Account of the Payments for His late Majesty's Civil Government, and for the Support and Maintenance of His Household and Royal Family, from the 5th Day of July 1752 to the 5th Day of July 1760, distinguishing each Year, and the several Heads of Expence.”
And also, “An Account of the Payments for His present Majesty's Civil Government, and for the Support and Maintenance of His Household and Royal Family, from His Accession to the 5th Day of January 1761, and from thence to the 5th Day of January 1769, distinguishing each Year, and the several Heads of Expence.”
And then he withdrew.
And the Titles thereof being read by the Clerk:
Ordered, That the said Accounts do lie on the Table.
To continue the Act to prohibit the Exportation of Corn, &c. Bill, brought from H. C.
A Message was brought from the House of Commons, by Sir Charles Whitworth and others:
With a Bill, intituled, “An Act for continuing an Act, made in the last Session of Parliament, to prohibit, for a further Time, the Exportation of Corn, Grain, Meal, Malt, Flour, Bread, Biscuit, and Starch; and also the Extraction of Low Wines and Spirits from Wheat and Wheat Flour;” to which they desire the Concurrence of this House.
Read Three Times, and passed.
Hodie 1a, 2a, & 3a vice lecta est Billa, intituled, “An Act for continuing an Act, made in the last Session of Parliament, to prohibit, for a further Time, the Exportation of Corn, Grain, Meal, Malt, Flour, Bread, Biscuit; and Starch; and also the Extraction of Low Wines and Spirits from Wheat and Wheat Flour.”
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. Angutsh and Mr. Pechell:
To acquaint them, That the Lords have agreed to the said Bill, without any Amendment.
A Message was brought from the House of Commons, by Mr. Alderman Trecothic and others:
To continue the Act for the Importation of Salted Provisions from Ireland and America, Bill, brought from H. C.
With a Bill, intituled, “An Act to continue, for a further Time, an Act, made in the Eighth Year of His present Majesty's Reign, intituled, “An Act to continue and amend an Act, made in the Fifth Year of the Reign of His present Majesty, intituled, “An Act for Importation of Salted Beef, Pork, Bacon, and Butter, from Ireland, for a limited Time;” and for allowing the Importation of Salted Beef, Pork, Bacon, and Butter, from the British Dominions in America> for a limited Time;” to which they desire the Concurrence of this House.
Read Three Times, and passed.
Hodie 1a, 2a, & 3a, vice lecta est Billa, intituled, “An Act to continue, for a, further Time, an Act, made in the Eighth Year of His present Majesty's Reign, intituled, “An Act to continue and amend an Act, made in the Fifth Year of the Reign of His present Majesty, intituled, “An Act for Importation of Salted Beef, Pork, Bacon, and Butter, from Ireland, for a limited Time;” and for allowing the Importation of Salted Beef, Pork, Bacon, and Butter from the British Dominions in America for a, limited Time.”
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 the former Messengers:
To acquaint them, That the Lords have agreed to the said Bill, without any Amendment.
Myine et al. against City of Edinburgh.
The Answer of the Lord Provost, Magistrates, and Town Council, of the City of Edinburgh, to the Appeal of William Mylne Architect in Edinburgh and others, was this Day brought in:
Waddell against Inglis.
As was also, The Answer of Charles Inglis to the Appeal of Robert Waddell.
Adjourn.
Dominus Mansfield Capitalis Justiciarius Banci Regii declaravit præsens Parliamentum continuandum esse usque ad et in diem Lume, vicesimum nonum diem instantis Januarii, hora undecima Auroræ, Dominis sic decernentibus.
Die Lunæ, 29o Januarii 1770.
REX.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
The Lord Mansfield sat Speaker by virtue of a former Commission.
Sinclair and Threipland against Sinclair.
The Answer of Catherine Sinclair to the Appeal of David Threipland Sinclair of Southdun, and Stewart Threipland of Fingask his Father, and Administrator in Law, was this Day brought in.
The House was adjourned, during Pleasure, to robe.
The House was resumed.
King 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 Gentleman Usher of the Black Rod to let the Commons know, “It is His Majesty's Pleasure they attend him immediately in this House:”
Who being come, with their Speaker;
The Deputy Clerk of the Crown read, the Titles of the Bills to be passed, severally, as follow:
Bills passed.
1. An Act for continuing an Act, made in the last Session of Parliament, to prohibit, for a further Time, the Exportation of Corn, Grain, Meal, Malt, Flour, Bread, Biscuit, and Starch; and also the Extraction of Low Wines and Spirits from Wheat and Wheat Flour.”
2. An Act to continue, for a further Time, an Act, made in the Eighth Year of His. present Majesty's Reign, intituled, “An Act to continue, and amend an Act, made in the Fifth Year of the Reign of His present Majesty, intituled, “An Act for Importation of Salted Beef, Pork, Bacon, and Butter, from Ireland, for a limited Time;” and for allowing the Importation of Salted Beef, Pork, Bacon, and Butter, from the British Dominions in America, for a limited Time.”
To these Bills the Royal Assent was pronounced, severally, by the Clerk Assistant in these Words; (videlicet),
“Le Roy le veult”
Then His Majesty was pleased to retire.
And the Commons withdrew.
The House was adjourned, during Pleasure, to unrobe.
The House was resumed.
Justiciary Court of Mungo Campbell's Appeal from, not to be received.
The Earl of Marchmont reported from the Lords Committees, appointed to consider whether the Petition of Appeal, wherein Mungo Campbell is Appellant, from, not to and Archibald Earl of Eglintoun and James Montgomery Esquire, His Majesty's Advocate, are Respondents, ought to be received:
“That the Committee had met, and considered the Matter to them referred, and examined Mr. Urquhart, the Agent for the Appellant, whether he was ready to support the Propriety of bringing this Appear and to shew that it ought to be received by the House; and that he declared to the Committee, “That he was not ready, not having received any Instructions, neither with the Appeal, nor since; and that he could not be ready, even if some few Days were given him for that Purpose;” and are of Opinion that this Appeal ought not to be received.”
Which Report, being read by the Clerk, was agreed to by the House.
Ordered, by the Lords Spiritual and Temporal, in Parliament assembled, That this Appeal ought not to be received.
Petitions for Private Bill, Time limited for receiving
Ordered, That this House will not receive any Petition for a Private Bill, after Thursday the 15th Day of February next.
Lodge against Mantergh et al.
This Day being appointed for hearing Counsel upon the Petition and Appeal of George Lodge Gentleman, complaining of a Decree of the Court of Chancery in Ireland, of the 11th Day of December 1761; and praying, “That the same might be reversed, or that the Appellant might have such Relief in the Premises, as to this House, in their Lordships great Wisdom, should seem meet;” to which Appeal, James Mansergh, Robert Laurenson, The Reverend Dean Saint George, Richard Saint George, and Lettice Lodge, are Respondents.
Counsel appeared for the said Respondents James Mansergh and Robert Lawrenson; but none appearing for the Appellant; and the Respondents Counsel having prayed an Affirmance of the said Decree complained of, with Costs:
The Counsel were directed to withdraw.
Decree affirmed with Costs.
Ordered and Adjudged by the Lords Spiritual and Temporal, in Parliament assembled, That the said Petition and Appeal be, and is hereby dismissed this House; and that the said Decree therein complained of be, and the same is hereby affirmed: And it is further Ordered, That the Appellant do pay, or Cause to be paid, to the said Respondents James Mansergh and Robert Lawrenson, the Sum of Two hundred Pounds of lawful Money of Great Britain for their Costs, in respect of the said Appeal.
Sinclair et al against Sinclair et al. Cross Appeal to be heard with Original Appeal.
Upon reading the Petition of David Threipland Sinclair and others, Respondents in a Cause depending in this House, to which Katherine Sinclair and others are Appellants; setting forth, “That the Respondents in this Cause have been advised to present their Appeal to their Lordships, from a Part of the Interlocutors therein complained of, which, though in Effect it is a Cross Appeal, yet, not having been presented within the Time limited by their Lordships Order, it does not fall of Course to be heard with the Original Appeal now standing appointed for hearing in the List of Causes: That the Facts being the same, and the Questions upon both Appeals being connected together, the whole Rights of the contending Parties will be finally determined, if the Causes are heard at the same Time;” and therefore praying Their Lordships to order, that the Appeal presented by the Petitioners may be heard as a Cross Appeal on the same Day, and at the same Time, with the other Appeal, wherein the Petitioners are Respondents:”
It is Ordered, That this House will hear the said Appeal as a Cross Appeal on the same Day, and at the same Time, with the other Appeal.
Adjourn.
Dominus Mansfield Capitalis Justiciarius Banci Regii declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, tricesimum diem instantis, Januarii, hora decima Auroræs Dominis sic decernentibus.
Die Martis, 30o Januarii 1770.
Domini tam Spirituales quam Temporales præsentes fuerunt:
| Epus. Cestrien. | Ds. Willoughby Par. | |
| Epus. Oxon. | Ds. Mansfield. | |
| Epus. Asaphen. | ||
| Epus. Carltol. | ||
| Epus. Landav. | ||
| Epus. Petriburg. |
PRAYERS.
The Lord Mansfield sat Speaker by virtue of His Majesty's Commission.
Then, in order to solemnize this Day, being appointed by Act of Parliament to be observed as a Day of Fasting and Humiliation for the Martyrdom of King Charles the First:
Adjourn.
Dominus Mansfield Capitalis Justiciarius Banci Regii declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, tricesimum primum diem instantis Januarii, hora undecima Auroræs, Dominis sic decernentibus.
Die Mercurii, 31o Januarii 1770.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
The Lord Mansfield sat Speaker by virtue of His Majesty's Commission.
Ordered, That the Thanks of this House be, and are hereby given to the Lord Bishop of Saint Asaph, for the Sermon by him preached before this House Yesterday, in the Abbey Church Westminster; and he is hereby desired to Cause the same to be forthwith printed and published.
Heron against Heron.
After hearing Counsel upon the Petition and Appeal of Doctor Andrew Heron Physician, complaining of Two Interlocutors of the Lords of Session in Scotland, of the 24th of June 1766, and 17th of November 1767; and praying, “That the same might be reversed, or “That the Appellant might have such Relief in the Premises, as to this House, in their Lordships great Wisdom, should seem meet;” as also upon the Answer of John Vining Heron Merchant, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:
Judgement.
It is Declared, by the Lords Spiritual and Temporal, in Parliament assembled, That the Deed of the 4th of January 1726, was a complete and effectual Disposition and Settlement of the Estate of Bargaly by Andrew Heron: And it is therefore Ordered and Adjudged, That the Interlocutors complained of be reversed; and it is further Ordered, That the Cause be remitted to the Court of Session, to proceed accordingly.
Mylne et al. against Magistrates of Edinburgh, Petition for a Bye-Day.
A Petition of the Lord Provost, Magistrates, and Council, of the City of Edinburgh, Respondents in a Cause depending in this House, to which William Mylne Architect in Edinburgh and others are Appellants, was presented and read; setting forth, “That the Respondents having contracted with the Appellant Mylne for building a Bridge of Communication over the North Lock of Edinburgh, between the Old and New Town, (in which latter great Progress is already made), to be finished in the Manner and of the Dimensions agreed upon, and within a certain Time limited by the said Contract; and the Appellant Mylne having failed in every Part of his Contract, the Petitioners were obliged to bring an Action in the Court of Session against the Appellant for declaring such Contract void; and that Court having over-ruled a preliminary dilatory Defence set up by them, the Appellants have thought proper to appeal to their Lordships against the same; that ever since the fatal Accident, occasioned by the Insufficiency of the Work, this great and valuable public Undertaking has altogether stopt; and now, by the Opposition of the Appellants, it must farther stop till the final Issue of the present Action, to the great and evident Detriment of both Towns, as well as of the Kingdom in general;” and therefore praying, “Their Lordships to appoint an early Day for the Hearing this Appeal, which they humbly apprehend is brought for the Purpose of Delay only.”
And thereupon the Agents on both Sides were called in, and heard at the Bar:
And being withdrawn:
Ordered, That this House will hear the said Cause, by Counsel at the Bar, on Thursday the 15th Day of February next.
Jacquis for a Nat. Bill.
Upon reading the Petition of John Nicholas Jacquin; praying Leave to bring irr a Bill for his Naturalization;
It is Ordered, That Leave be given to bring in a Bill, according to the Prayer of the said Petition.
Bill read.
Whereupon, The Lord Willoughby of Parham, presented to the House a Bill, intituled, “An Act for naturalizing John Nicholas Jacquin.”
The said Bill Was read the First Time.
Brown to enter into Recognizance on Hutcheson's Appeal.
The House being moved, “That Richard Brown Gentleman may be permitted to enter into a Recognizance for William Hutcheson, on Account of his Appeal depending in this House, he living in Scotland:”
It is Ordered, That the said Richard Brown may enter into a Recognizance for the said Appellant, as desired.
D. Kingston, Petition referred to Judges.
Upon reading the Petition of Evelyn Duke of Kingston; 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 Justice of the Court of Common Pleas and the Lord Chief Baron of the Court of Exchequer, 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.
Causes put off.
Ordered, That the Cause wherein Sir Oliver Crofton Baronet is Appellant, and George Connor is Respondent, which stands appointed for Friday next, be put off till Monday next; and that the Rest of the Causes on Cause Days be removed in course.
Adjourn.
Dominus Mansfield Capitalis Justiciarius Banci Regii declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris secundum diem Februarii jam prox. sequen. hora undecima Auroræs, Dominis sic decernentibus.
12o die Aprilis 1786.
Hitherto examined by Us,
Dudley and Ward.
John Bangor.
Scarsdale.