House of Lords Journal Volume 35: December 1778 21-30

December 1778 21-30

DIE Lunæ, 21^o Decembris 1778.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Macclesfield Church Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for making the Church or Chapel, erected by Charles Roe Esquire, in the Town of Macclesfield, in the County Palatine of Chester, a perpetual Cure and Benefice; and for endowing the same, and vesting the Right of Nomination or Presentation thereof, in the said Charles Roe, his Heirs and Assigns; and for other Purposes."

Then the following Amendment was made to the said Bill; (videlicet)

"Pr. 10. L. 32. After the Word ("fit") insert ("being Proprietors or Renters of Pews or Seats in the said Church or Chapel").

The Question was put, "Whether this Bill, with the Amendment, shall pass?"
It was resolved in the Affirmative.

Message to H. C.with an Amendment to it.

A Message was ordered to be sent, to the House of Commons, by Mr. Holford and Mr. Hett:

To return the said Bill, and acquaint them, That the Lords have agreed to the same with One Amendment, to which their Lordships desire their Concurrence.

Middleton against Leeming, in Error.

The Earl of Mansfield, Lord Chief Justice of the Court of King's Bench, in the usual Manner, delivered in at the Table, a Writ of Error, wherein,

Richard Middleton junior, is Plaintiff, and Thomas Leeming Gentleman, Defendant.

Admiral Keppel's Court Martial Bill.

The Order of the Day being read, for the House to be put into a Committee upon the Bill, intituled, An Act to authorize the Lord High Admiral, or the Commissioners for executing the Office of Lord High Admiral for the Time being, in case they shall think fit to direct a Court Martial to be holden on the Charge of Vice Admiral Sir Hugh Palliser against the Honourable Admiral Augustus Keppel, to order the said Court Martial to be holden on Shore;" and for the Lords to be summoned;

The House was adjourned during Pleasure, and put into a Committee upon the said Bill.

After some Time, the House was resumed:

And the Lord Scarsdale reported from the Committee, That they had gone through the Bill, and made several Amendments thereto, which he was ready to report. when the House will please to receive the same."

Ordered, That the said Report be received Tomorrow.

Adjourn.

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

DIE Martis, 22^o Decembris 1778.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Admiral Keppel's Court Martial Bill.

The Lord Scarsdale (according to Order) reported the Amendments made by the Committee of the whole House, to the Bill, intituled, "An Act to authorize the Lord High Admiral, or the Commissioners for executing the Office of Lord High Admiral for the Time being, in case they shall think fit to direct a Court Martial to be holden on the Charge of Vice Admiral Sir Hugh Palliser against the Honourable Admiral Augustus Keppel, to order the said Court Martial to be holden on Shore."

The said Amendments were read by the Clerk as follow; (videlicet)

Pr. I. L. I and 2. After ("Whereas.") leave out ("it has been usual in Cases of") and insert ("by the Laws now in being ")

L. 3. Leave out ("the") and in the same Line after ("Officers") leave out ("of") and insert ("Mariners, Soldiers and other Persons in or belonging to")

L. 3 and 4. After ("Majesty's") leave out ("Navy to hold such Courts Martial") and insert ("Fleet are to be holden")

L. 5 and 6. Leave out ("by the Laws now in being")

L. 23. Leave out from ("Whereas") to ("May") in the 30th Line of the same Press, and instead thereof insert ("by reason of his Infirmities the necessary Attendance of the said Admiral on such Court Martial may greatly endanger his Health")

Pr. 2. L. 4. After ("Time") insert ("being")

L. 5 and 6. Leave out ("in case such Court Martial shall be directed to order the same to be ") and instead thereof insert ("to order that after such Court Martial shall have been duly assembled and constituted, and the Members thereof, and the Judge Advocate duly sworn according to the Laws now in being, the said Court shall be adjourned to and")

L. 13. After ("that") insert ("after such Adjournment shall have taken place")

L. 15. Leave out ("be at Liberty to")

At the End of the Bill insert ("upon Pain of being cashiered from His Majesty's Service; and that the said Court Martial shall be holden and conducted in all other respects in the same Manner and Form, as if the same should continue on board the Ship in which it is originally to be assembled").

In the Title of the Bill:

L. 3 and 4. Leave out ("in case they shall think fit")

L. 4. After ("to") leave out ("direct a") and insert ("order any")

L. 5. Leave out ("to") and insert ("which may") and in the same Line, after ("be") leave out ("holden") and insert ("appointed")

L. 7. After ("Keppel") leave out ("to order the said Court Martial")

And the Four First Amendments being again read by the Clerk, were agreed to by the House.

Then the Fifth Amendment being again read by the Clerk, was agreed to with the following Amendments;

After ("his") leave out ("infirmities") and insert ("infirm State of Health") and after ("endanger his") leave out ("Health") and insert ("Life").

The Sixth and Seventh Amendments being again read by the Clerk, were agreed to by the House.

Then the following Amendment was proposed to be made to the Bill:

Pr. 2. L. 11. After ("expedient") insert ("and such Court Martial is and shall hereby be authorized and required to adjourn to such Place accordingly")

The same was agreed to, and Ordered accordingly."

Then the Seventh and Eighth Amendments being again read by the Clerk, were agreed to by the House.

Then the last Amendment to the Bill being again read by the Clerk, was agreed to with the following Amendment; (videlicet)

After ("holden and") leave out ("conducted") and insert ("proceed")

The Amendments to the Title of the Bill were again read and agreed to.

Macclesfield Church Bill.

A Message was brought from the House of Commons, by Mr Elwes, and others:

To return the Bill, intituled, "An Act for making the Church or Chapel erected by Charles Roe Esquire, in the Town of Macclesfield, in the County Palatine of Chester, a perpetual Cure and Benefice; and for endowing the same, and vesting the Right of Nomination or Presentation thereof, in the said Charles Roe, his Heirs and Assigns; and for other Purposes;" and to acquaint this House, That they have agreed to their Lordships Amendment made thereto.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, vicesimum tertium diem instantis Dccembris, hora undecima Auroræ, Dominis sic decernentibus.

DIE Mercurii, 23^o Decembris 1778.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Admiral Keppel's Court Martial Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to authorize the Lord High Admiral, or the Commissioners for executing the Office of Lord High Admiral for the Time being, in case they shall think fit to direct a Court Martial to be holden on the Charge of Vice Admiral Sir Hugh Palliser against the Honourable Admiral Augustus Keppel, to order the said Court Martial to be holden on Shore."

The Question was put, "Whether this Bill, with the Amenments, shall pass?"

It was resolved in the Affirmative.

Message to H. C. with Amendments to it:

A Message was sent to the House of Commons, by Mr. Holford and Mr. Hett:

To return the said Bill, and acquaint them, That the Lords have agreed to the same with some Amendments, to which their Lordships desire their Concurrence.

Message from H. C. to return a said Bill.

A Message was brought from the House of Commons, by Admiral Pigot, and others:

To return the Bill, intituled, "An Act to authorize the Lord High Admiral, or the Commissioners for executing the Office of Lord High Admiral for the Time being, in case they shall think fit to direct a Court Martial to be holden on the Charge of Vice Admiral Sir Hugh Palliser against the Honourable Admiral Augustus Keppel, to order the said Court Martial to be holden on Shore;" and to acquaint this House, That they have agreed to their Lordships Amendments made thereto.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum, continuandum esse usque ad et in diem Jovis, vicesimum quartum diem instantis Decembris, hora undecima Aurora, Dominis sic decernentibus.

DIE Jovis, 24^o Decembris 1778.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Lawson against Tait.

The Answer of John Tait, Writer to the Signet, Trustee for the Representatives of John Hamilton deceased, to the Appeal of James Lawson Merchant in Glasgow, was this Day brought in.

Bills passed by Commission.

The Lord Chancellor acquainted the House, "That His Majesty had been pleased to issue a Commission to several Lords therein named, for declaring His Royal Assent to several Acts agreed upon by both Houses of Parliament."

The House was adjoured during Pleasure.

The House was resumed.

Then Three of the Lords Commissioners being in their Robes, and seated on a Form placed between the Throne and the Woolsack, the Lord Chancellor in the Middle, with the Earl of Sandwich on his Right Hand, and the Lord Amherst on his Left; commanded the Gentleman Usher of the Black Rod to signify to the Commons, "The Lords Commissioners desire their immediate Attendance in this, House, to hear the Commission read."

Who being come, with their Speaker;

The Lord Chancellor said,

My Lords, and Gentlemen of the House of Commons,

"His Majesty not thinking sit to be personally present here at this Time, has been pleased to cause a Commission to be issued under the Great Seal, and thereby given his Royal Assent to divers Acts, which have been agreed upon by both Houses of Parliament, the Titles whereof are particularly mentioned; and by the said Commission hath commanded us to declare and notify His Royal Assent to the said several Acts, in the Presence of you the Lords and Commons, assembled for that Purpose; which Commission you will now hear read."

Then the said Commission was read by the Clerk, as follows:

GEORGE R.

George the Third, by the Grace of God, of Great Britain, France and Ireland, King, Desender of the Faith, and so forth; To Our Right Trusty and Right Well-beloved the Lords Spiritual and Temporal, and to Our Trusty and Well-beloved the Knights, Citizens and Burgesses, and the Commissioners for Shires and Burghs, of the House of Commons, in this present Parliament assembled, Greeting. Whereas, We have seen and perfectly understood, divers and sundry Acts agreed and accorded on by you Our Loving Subjects, the Lords Spiritual and Temporal, and the Commons, in this Our present Parliament assembled, and endorsed by you as hath been accustomed, the Titles and Names of which Acts hereaster do particularly ensue; (that is to say), "An Act for granting Relief to the Captors of Prizes, with respect to bringing and landing certain French Prizes in this Kingdom." "An Act for granting further Time for allowing the Drawback upon the Exportation of certain Muslins, Callicoes and Coffee." "An Act to authorize the Lord High Admiral, or the Commissioners for executing the Office of Lord High Admiral for the Time being, to order any Court Martial which may be appointed on the Charge of Vice Admiral Sir Hugh Palliser against the Honourable Admiral Augustus Keppel, to be holden on Shore." "An Act for making the Church or Chapel erected by Charles Roe Esquire, in the Town of Macclesfield, in the County Palatine of Chester, a perpetual Cure and Benefice; and for endowing the same, and vesting the Right of Nomination or Presentation thereof, in the said Charles Roe, his Heirs and Assigns; and for other Purposes." "An Act for dividing and enclosing the Common or Waste Land, within the Parish of Wood Bastwick, in the County of Norfolk" Arid albeit, the said Acts by you Our said Subjects the Lords and Commons, in this Our present Parliament assembled, are fully agreed and consented unto, yet nevertheless the same are not of Force and Effect in the Law, without Our Royal Assent given and put to the said Acts: And forasmuch as for divers Causes and Considerations, We cannot conveniently at this Time be present in Our Royal Person, in the Higher House of Our said Parliament, being the Place accustomed to give Our Royal Assent to such Acts as have been agreed upon by you Our said Subjects the Lords and Commons, We have therefore caused these Our Letters Patent to be made, and have signed the same; and by the same, do give and put Our Royal Assent to the said Acts, and to all Articles, Clauses and Provisions therein contained, and have fully agreed and assented to the said Acts; Willing that the said Acts, and every Article, Clause, Sentence and Provision therein contained, from henceforth shall be of the same Strength, Force and Effect, as if We had been personally present in the said Higher House, and had openly and publickly in the Presence of you all, assented to the same: And We do by these Presents declare and notify the same Our Royal Assent, as well to you the Lords Spiritual and Temporal, and Commons aforesaid, as to all others whom it may concern; commanding also by these Presents Our Right Trusty and Well-beloved Counsellor Edward Lord Thurlow, Our Chancellor of Great Britain, to seal these Our Letters Patent, with Our Great Seal of Great Britain; and also commanding the Most Reverend Father in. God, Our Right Trusty and Well-beloved Counsellor Frederick Archbishop of Canterbury, Primate and Metropolitan of all England; Our said Chancellor of Great Britain; Our Right Trusty and Right Well-beloved Cousins and Counsellors, Granville Earl Gower, President of Our Council; William Earl of Dartmouth, Keeper of Our Privy Seal; Our Right Trusty and Right Entirely-beloved Cousins and Counsellors, Augustus Henry Duke of Grafton, Thomas Duke of Leeds, John Duke of Rutland, Hugh Duke of Northumberland, Master of Our Horse; Our Right Trusty and Right Well-beloved Cousins and Counsellors, William Earl Talbot, Steward of Our Household; Francis Seymour Earl of Hertford, Chamberlain of Our Household; Henry Earl of Suffolk and Berkjkire, One of Our Principal Secretaries of State; John Earl of Sandwich, First Commissioner of Our Ad miralty; William Henry Earl of Rochford, Hugh Earl of Marchmont, John Earl of Asbburnham, Groom of Our Stole; Wills Earl of Hillsborough, William Earl of Mansfield, Our Chief Justice assigned to hold Pleas before Us; Our Right Trusty and Well-beloved Cousins and Counsellors, George Viscount Townshend, Thomas Viscount Weymouth, One other of Our Principal Secretaries of State; and Our Right Trusty and Well-beloved Counsellor Jeffery Lord Amherst, or any Three or more of them, to declare and notify this Our Royal Assent, in Our Absence in,the said Higher House, in the Presence of you the said Lords and the Commons of Our Parliament, there to be assembled for that Purpose; and the Clerk of Our Parliaments to endorse the said Acts, with such Terms and Words in Our Name as is requisite, and hath been accustomed for the same, and also to enrol these Our Letters Patent and the said Acts, in the Parliament Roll; and these Our Letters Patent shall be to every of them a sufficient Warrant in that Behalf: And finally, We do declare and will that, after this Our Royal Assent given and passed by these Presents, and declared and notified as is aforesaid, then and immediately the said Acts shall be taken, accepted, and admitted good, sufficient, and perfect Acts of Parliament and Laws, to all Intents, Constructions and Purposes, and to be put in due Execution accordingly; the Continuance or Dissolution of this Our Parliament, or any other Use, Custom, Thing or Things, to the contrary thereof notwithstanding. In Witness whereof, We have caused these Our Letters to be made Patent.

Witness Ourself at Westminster, the Twenty-fourth Day of December in the Nineteenth Year of Our Reign.

By the King Himself, signed with His own Hand.

Then the Lord Chancellor said,

In Obedience to His Majesty's Commands, and by virtue of the Commission which has been now read, We do declare and notify to you, the Lords Spiritual and Temporal, and Commons, in Parliament assembled, That His Majesty hath given His Royal Assent to the several Acts in the Commission mentioned; and the Clerks are required to pass the same in the usual Form and Words."

"1. An Act for granting Relief to the Captors of Prizes, with respect to bringing and, landing certain French Prizes in this Kingdom."

"2. An Act for granting further Time for allowing the Drawback upon the Exportation of certain Muslins, Callicoes and Coffee."

"3. An Act to authorize the Lord High Admiral, or the Cqmmissioners for executing the Office of Lord High Admiral for the Time being, to order any Court Martial which may be appointed on the Charge of Vice Admiral Sir Hugh Palliser against the Honourable Admiral Augustus Keppel, to be holden on Shore."

"4. An Act for making the Church or Chapel erected by Charles Roe Esquire, in the Town of Macclesfield, in the County Palatine of Chester, a perpetual Cure and Benefice; and for endowing the same, and vesting the Right of Nomination or Presentation thereof, in the said Charles Roe, his Heirs and Assigns; and for other Purposes."

To these Bills the Royal Assent was pronounced by the Clerk Assistant, severally, in these Words (videlicet)

Le Roy le veult."

5. An Act for dividing and enclosing the Common or Waste Land within the Parish of Wood Bastwick, in the County of Norsolk.

To this Bill the Royal Assent was pronounced by the Clerk Assistant, in these Words (videlicet),

"Soit fait comme il est desiré."

Then the Commons withdrew.

The House was adjourned during Pleasure.

The House was resumed.

Jackson against Monro.

Upon reading the Petition and Appeal of John Jackson Esquire, Receiver General of all Droits and Perquisites of the Admiralty of Great Britain, George Gostling Junior Esquire, His Majesty's Procurator General in His Office of Admiralty, and Patrick Colquhoun Esquire, Merchant in Glasgow; complaining of Three Interlocutors of the Judge of the High Court of, Admiralty in Scotland, of the 6th of August and 9th of December 1777, and 20th of Janu ary 1778; and also of an Interlocutor of the Lord Or dinary of the Court of Session there, of the 18th of De cember 1778; and praying, " That the same may be reversed, varied or altered, of that the Appellants may have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that John Monro Esquire Advocate, Procurator Fiscall of the said High Court of Admiralty in Scotland, may be required to answer the said Appeal:"

It is Ordered, That the said John Monro Esquire, may have a Copy of the said Appeal, and do put in his Answer thereunto in Writing, on or before Thursday the 21st Day of January next; and Service of this Or der upon the said Respondent, or any of.his Procurators or Agents in the said Court of Admiralty or Court of Session in Scotland, shall be deemed good Service.

Tait against Lawson.

Upon reading the Petition and Cross Appeal of John Tait Writer to the Signet, Trustee for the Children and Representatives of John Hamilton, Writer in Mauchline deceased complaining of Five Interlocutors of the Lords of Session in Scotland, of the 6th of February and 5th of July 1777, and 15th of January and 16th and 17th of July 1778; and also of an Interlocutor of the Lord Or dinary there of the 17th of December 1778, in so far as they decide against him; and praying, "That the same may be reversed, varied or altered, or that the Appellant may have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem.meet; and that James Lawson, Merchant in Glasgow, may be required to answer the said Appeal:"

It is Ordered, That the said James Lawson may have a Copy of the said Appeal, and do put in his Answer thereunto in Writing, on or before Thursday the 21st Day of January next; and Service of this Order upon the said Respondent, of upon his known Counsel or Agent in the Court of Session in Scotland, shall be deemed good service.

Spottiswoode to enter into Recognizance on Jackson's Appeal.

The House being moved, "That John Spottiswoode of Northumberland Street, Gentleman, may be permitted to enter into a Recognizance for John Jackson Esquire, and others, on, account of their Appeal depending in this House they residing in Scotland:"

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

Chisim's Divorce Bill.

Ordered, That Mary Baylis, Dosea Moxam, Mr. Haversham and Mrs. Haversham, do attend this House on Monday the 25th Day of January next, in order to their being examined as Witnesses upon the Second Reading of the Bill, intituled, "An Act to dissolve the Marriage of Thomas Chisim with Martha Roberts his now Wife, and to enable him to marry again; and for other Purposes therein mentioned."

Adjourn.

Dominus Cancellarius declaravit prsesens Parliamentum continuandum esse usque ad et in diem Mercurii, vicesimum diem Januarii, jam prox. sequen hora undecima Auroræ, Dominis sic decernentibus.