House of Lords Journal Volume 36: December 1781

December 1781

DIE Mercurii, 5^o Decembris 1781.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

His Majesty's Answer to Address.

The Lord Chancellor reported, "That the House did, on Wednesday last, present their Address to His Majesty, to which His Majesty was pleased to return the following most gracious Answer:

My Lords,

I thank you for this very dutiful and affectionate Address. The Assurances of your chearful Concurrence and Support, in the Prosecution of the great and important Contest in which We are engaged, give Me the highest Satisfaction; and must have the most falutary Effects. It shall be My constant Endeavour to make the best Use of this Support for the Attainment of the sole End, which I have ever in View, a safe and honourable Peace."

Ordered, That the said Address, together with His Majesty's most gracious Answer thereto, be forthwith printed and published.

Freeland and Knox against Greenway 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,

Robert Freeland and Robert Knox, are Plaintiffs; and John Greenway Gentleman, is Defendant.

M. Lothian takes the Oaths.

This Day William John Marquis of Lothian, took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration pursuant to the Statutes.

E. India Goods, &c. Accounts delivered.

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

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

No. 1. "An Account of prohibited East India Goods imported into St. Helens and private Trade Warehouse in the Port of London, from Michaelmas 1780 to Michaelmas 1781; what exported during that Period, and what remained in the said Warehouse at Michaelmas 1781.

2. "An Account of prohibited East India Goods imported into Leadenhall Warehouse, in the Port of London, from Michaelmas 1780 to Michaclmas 1781; also what exported during that Time, and what remained in the said Warehouse at Michaelmas 1781.

3. An Account of prohibited East India Goods remaining in His Majesty's Warehouse, in the Port of London, at Michaelmas 1780; what have been since brought in, what exported, as also what remained at Michaelmas 1781.

4. An Account of East India Goods prohibited to be worn in this Kingdom, in the respective Warehouses in the Out Ports at Michaelmas 1780; what have been since brought in, what exported, as also what remained at Michaelmas 1781.

5. An Account of prohibited East India Goods which have been delivered out of the Warehouses at St. Helens, Leadenhall, Billiter Lane, and the Custom House, in the Port of London, since Michaelmas 1780, in order to be dyed, glazed and refreshed; what have been since returned, and what remained out at Michaelmas 1781.

6. An Account of Naval Stores imported from Russia into the Port of London, from Michaelmas 1780 to Michaelmas 1781.

7. An Account of Naval Stores imported from Russia into the Ports of England, commonly called the Out Ports, from Michaelmas 1780 to Michaelmas 1781.

8. 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 1781."

And then they withdrew.

And the Titles thereof being read by the Clerk;

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

Wicker et al. against Mitford.

Upon reading the Petition and Appeal of Charlotte Wicker, Widow and Executrix of the Last Will and Testament of John Wicker, late of Horsham, in the County of Sussex, Esquire, deceased, and Sir Thomas Broughton Baronet, and Dame Mary his Wife, Daughter, and only Child of the said John Wicker, complaining of a Decree of the Court of Chancery of the 13th of March 1780; and also of an Order of the said Court of the 21st of May 1781, affirming the same; and praying, "That the said Decree and Order may be reversed and set aside, or varied, or that the Appellants may have such other Relief in the Premises as the Case may require, and to their Lordships shall seem meet; and that John Mitford Esquire may be required to answer the said Appeal:"

It is Ordered, That the said John Mitford Esquire may have a Copy of the said Appeal, and do put in his Answer thereunto in Writing on or before Wednesday the 19th Day of this Instant December; and Service of this Order upon the Clerk in Court of the Respondent, in the said Court of Chancery, shall be deemed good Service.

Wauchopes against York Buildings Company.

Upon reading the Petition and Appeal of Andrew Wauchope of Niddry Esquire, and Elizabeth Wauchope, Daughter of the deceased Captain William Wauchope, complaining of Two Interlocutors of the Lord Ordinary in Scotland, of the 25th of January and 10th of February 1781; and also of Two Interlocutors of the Lords of Session there, of the 3d and 18th of July 1781; and praying, "That the same may be reversed, altered or amended, or that the Appellants may have such other Relief in the Premises as to this House, in their Lordships great Wisdom, shall seem proper; and that the Governor and Company of Undertakers for raising Thames Water in York Buildings, and their Creditors, may be required to answer the said Appeal:"

It is Ordered, That the said Governor and Company of Undertakers for raising the Thames Water in York Buildings, and their Creditors, 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 2d Day of January next; and Service of this Order upon the said Respondents, or upon any of their known Counsel or Agents, in the said Court of Session in Scotland, shall be deemed good Service.

M^cAdams against Magistrates of Ayr.

Upon reading the Petition and Appeal of Quintin M^cAdam of Grimmel Esquire, complaining of Three Interlocutors of the Lord Ordinary in Scotland, of the 23d of June and 8th of July 1779, and 25th of January 1780; and also of an Interlocutor of the Lords of Session there, of the 15th of June 1780; and praying, "That the same may be reversed, varied or amended, or that the Appellant may have such other Relief in the Premises as to this House, in their Lordships great Wisdom, shall seem meet; and that the Magistrates and Town Council of Ayr may be required to answer the said Appeal:"

It is Ordered, That the said Magistrates and Town Council of Ayr 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 2d Day of January next; and Service of this Order upon the said Respondents, or upon any of their known Counsel or Agents, in the said Court of Session in Scotland, shall be deemed good Service.

Cooper et al. against Low et al.

Upon reading the Petition and Appeal of James Cooper Shoemaker in Montrose, John Wright, George Berry and David Wishart, all Weavers there, and David Hodge, Apprentice to John Boyick Shoemaker there, and the said John Boyick for his Interest, complaining of Two Interlocutors of the Lords of Session in Scotland, of the 22d of June and 3d of July 1781; and praying, "That the same may be reversed, varied or amended, or 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 Provost James Low of Montrose, James Gardyne of Middletons, Major Fletcher of Lindertis, David Hunter Younger of Pitscallie, Charles Hunter of Burnside, Sir John Ogilvie of Invercarily Baronet, Patrick Scott of Rossie, John Erskine of Dun, John Mollison of Ballachy, James Guthree Younger of Cragie, Charles Fullerton of Kinnaber, and John Spence of Bearhill, may be required to answer the said Appeal:"

It is Ordered, That the said Provost James Low, and the said several other 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 2d Day of January next; and Service of this Order upon any of the Counsel or Agents of the said Respondents in the said Court of Session in Scotland, shall be deemed good Service.

Magistrates of Whithorn against Coltrane.

Upon reading the Petition and Appeal of the Magistrates of the Borough of Whithorn, complaining of Two Interlocutors of the Lords of Session in Scotland of the 22d of June 1780 and 17th of January 1781; and praying, "That the same may be reversed, varied or altered, or 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 Andrew Coltrane Merchant in Garlieston may be required to answer the said Appeal:"

It is Ordered, That the said Andrew Coltrane may have a Copy of the said Appeal, and do put in his Answer thereunto in Writing, on or before Wednesday the 2d Day of January next; and Service of this Order upon the said Respondent, or upon any of his Counsel or Agents in the Court of Session in Scotland, shall be deemed good Service.

Ponsonby et al. against Godsells.

Upon reading the Petition and Appeal of James Carrique Ponsonby of Crotto, in the County of Kerry, in the Kingdom of Ireland, Esquire, William Carrique Ponsonby a Minor, Eldest Son of the said James Carrique Ponsonby, Rowland Bateman, Rowland Blennerhassett, John Carrique, Thomas Wren and Christopher Hilliard Esquires, complaining of a Decree or Decretal Order of the Court of Exchequer in Ireland of the 1st of June 1781; and praying, "That the same may be reversed, or 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 James Godsell Esquire, and Elizabeth his Wife, and Samuel Godsell a Minor, may be required to answer the said Appeal:"

It is Ordered, That the said James Godsell Esquire, and Elizabeth his Wife, and Samuel Godsell a Minor, 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 9th Day of January next; and Service of this Order upon the Attorney or Agent of the said Respondents, in the said Court of Exchequer in Ireland, shall be deemed good Service.

Oddie to enter into Recognizance on Wicker's Appeal:

The House being moved, "That Henry Hoyle Oddie of Carey Street, Gentleman, may be permitted to enter into a Recognizance for Charlotte Wicker Widow, and others, on Account of their Appeal depending in this House, they residing in the Country:"

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

Chalmer to enter into Recognizance on Wauchope's Appeal:

The House being moved, "That James Chalmer of Leicester Fields, Gentleman, may be permitted to enter into a Recognizance for Andrew Wauchope Esquire, and Elizabeth Wauchope, on account of their Appeal depending in this House, they living in Scotland:"

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

and on M^cAdam's Appeal.

The House being moved, "That James Chalmer of Leicester Fields Gentleman, may be permitted to enter into a Recognizance for Quintin M^cAdam Esquire, on account of his Appeal depending in this House, he living in the Country:"

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

Ross to enter into Recognizance on Cooper's Appeal.

The House being moved, "That William Ross of Lincoln's Inn, Gentleman, may be permitted to enter into a Recognizance for James Cooper and others, on account of their Appeal depending in this House, they residing in Scotland:"

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

Atkinson to enter into Recognizance on Ponsonby's Appeal.

The House being moved, "That William Atkinson of Pall Mall, Gentleman, may be permitted to enter into a Recognizance for James Carrique Ponsonby Esquire and others, on account of their Appeal depending in this House, they residing in Ireland:"

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

Gordon against Moodie.

The House being moved, "That a Day may be appointed for hearing the Cause, wherein Alexander Gordon Esquire is Appellant, and Benjamin Moodie 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.

Gordon against Clark.

The House being moved, "That a Day may be appointed for hearing the Cause, wherein Alexander Gordon Esquire is Appellant, and John Clark Junior, Writer in Dumfries, 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.

Bruce against the Carron Company.

A Petition of James Bruce of Kinnaird, Esquire, Appellant, in a Cause depending in this House, and of the Carron Company, Respondents thereto, et e contra, was presented, and read; setting forth, "That the said Appeals came on to be heard before their Lordships the last Session of Parliament, when the same was postponed, in order to give the Parties Time to settle their Differences in an amicable Manner; but the Petitioners have not yet been able finally to adjust the same;" and therefore praying their Lordships, "That the further Hearing of the said Causes may stand over till Wednesday the 20th Day of March next."

And there upon the Agents on both Sides were called in and heard at the Bar; and being withdrawn,

Ordered, That the Hearing of the said Causes be put off to Wednesday the 20th Day of March next, as desired.

Browning et al. against Napier.

Upon reading the Petition of Robert Browning and others, Appellants in a Cause depending in this House, and of the Honourable Charles Napier, Respondent thereto, which stands appointed for hearing; setting forth, That the Parties in this Cause having compromised the Matters in Dispute between them, only require a little Time to carry the same into Execution;" and therefore praying their Lordships, "To delay the Hearing of this Cause till after the Recess at Christmas."

It is Ordered, That the Hearing of the said Cause be put off to the first Cause Day after the Recess at Christmas, as desired.

Sir James Grant et al. against D. Gordon.

A Petition of Alexander Duke of Gordon, Respondent in a Cause depending in this House, to which Sir James Grant Baronet, and others, are Appellants, et e contra, was presented and read; setting forth, "That a Law Suit had been in Dependence between the Petitioner's Family, who have been Defendants, and Sir James Grant, and others, Plaintiffs, for Fifty Years past, respecting the Mode of exercising the Petitioner's Right of Salmon Fishings upon the River Spey, which the Plaintiffs complain of as hurtful, not only to their Salmon Fishings upon the Upper Part of this River, but also to their floating Timber growing on the Banks thereof down to the Sea; that the Court of Session have pronounced Judgements, ascertaining the Time and the Manner both of fishing and of floating upon this River, which are brought under Review of this most Honourable House; and the River is by these Judgements laid open from the 26th of August to the End of March yearly, during which Periods the Plaintiffs may fish and float without Restriction or Limitation; that as the Petitioner's Fishings are valuable, and have been long in his Family, he is desirous to have the Assistance of his Scots Counsel to plead his Cause, which resolves into a Question of Scots Law; and as Mr. Murray, Solicitor General of Scotland, who has been of Counsel for his Grace in this Question, and prepared to plead it, is at present in so valetudinary a State of Health, as not to be able to undertake a London Journey; the Petitioner is under the Necessity of making this Application to their Lordships, in order to have the Hearing postponed until Spring, which can be attended with no Inconvenience to the opposite Party, as the River is in the mean Time laid open for every Purpose, and must continue so till the End of March; the Petitioner has further to state in support of this Request, that his Case was distributed and his Counsel prepared during the last Spring, who attended long to have pleaded this Cause; but by the Hurry of public Business, it was one of those that could not then be overtaken by the House;" and therefore praying their Lordships, "To postpone the Hearing of the said Causes until the Month of March next."

And thereupon the Agents on both Sides were called in, and heard at the Bar; and being withdrawn,

Ordered, That the Hearing of the said Causes be put off to the Second Cause Day after the Recess at Christmas.

Fann against Cockerill:

Upon reading the Petition of Owen Fann Gentleman, Plaintiff in a Writ of Error depending in this House, wherein Francis Cockerill is Defendant; setting forth, That the Plaintiff has been advised to withdraw his Assignment of Errors, and not to prosecute his said Writ of Error any further;" and therefore praying their Lordships, "That he may be at Liberty to withdraw his said Assignment of Errors; and that the said Writ of Error may be Non-pros'd with such Costs as to their Lordships shall seem meet, the Agent for the said Defendant having signed the said Petition as consenting thereto:"

Writ of Error Non-pros'd with Costs.

It is Ordered, That the Petitioner do withdraw his said Assignment of Errors; and that the Defendant in Error do forthwith enter a Non-pros on the said Writ of Error, as desired; and that the Record be remitted to the Court of King's Bench, to the End Execution may be had upon the Judgement given by that Court, as if no such Writ of Error had been brought into this House; and further, that the Plaintiff in Error do pay or cause to be paid to the Defendant in Error the Sum of Forty Pounds for his Costs, by Reason of the Delay of the Execution of the said Judgement.

Inglis against Douglas and Co.

The House being informed, "That Messieurs Douglas Heron and Company, Bankers in Ayr, and others, Respondents to the Appeal of Lawrence Inglis, Writer in Edinburgh, 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 John Mason, 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.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, decimum diem instantis Decembris, horâ undecimâ Auroræ, Dominis sic decernentibus.

DIE Lunæ, 10^o Decembris 1781.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Flemings against Flemings.

The Answer of Malcolm Fleming of Barrochan Esquire, to the Appeal of Katharine and Willielmina Fleming his Sisters, was this Day brought in.

Waddell against Russell:

After hearing Counsel this Day upon the Petition and Appeal of William Waddell of Papperthills, complaining of Two Interlocutors of the Sheriff Substitute of Lanerkshire in Scotland, of the 24th of March and 10th of April 1778; also of an Interlocutor of the Sheriff Depute of the said County of the 18th of August 1778; also of Two Interlocutors of the Lord Ordinary there, of the 4th and 24th of February 1780; and also of Three Interlocutors of the Lords of Session there, of the 7th, 10th and 23d of February 1781; and praying, "That the same (fn. 1) might be reversed, varied or altered, or that the Appellant (fn. 1) might have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet;" as also upon the Answer of John Russell of Bentfoot, put in to the said Appeal, and due Consideration had of what was offered on either Side in this Cause:

Interlocutors Affirmed with Variation.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Interlocutors complained of in the said Appeal be, and the same are hereby, affirmed with the following Variation, (viz.) "That in the Interlocutor of the Sheriff Substitute of the 24th of March 1778, the Words "of said Servitude") be left out, and the Words ("thereof") inserted instead thereof:" And it is further Ordered, That the Court of Session in Scotland do give all proper and necessary Directions to the said Sheriff Substitute to vary the said Interlocutor accordingly.

Bostons against Horsburgh:

Upon reading the Petition and Appeal of Thomas, Catherine, Elizabeth, Janet, Mary and Jean Bostons, Children of the deceased Mr. John Boston, and the also deceased Elizabeth Horsburgh his Spouse, complaining of an Interlocutor of the Lords of Session in Scotland, of the 13th of February 1781; and praying, "That the same may be reversed, varied, or altered, and that the Interlocutors of the Lord Ordinary there of the 29th of July and 11th of August 1780, may be affirmed, or that the Appellants may have such other Relief in the Premises as to this House, in their Lordships great Wisdom and Justice, shall seem meet; and that Alexander Horsburgh may be required to answer the said Appeal:"

It is Ordered, That the said Alexander Horsburgh may have a Copy of the said Appeal, and do put in his Answer thereunto in Writing on or before Monday the 7th Day of January next; and Service of this Order upon the said Respondent, or upon any of his Procurators or Agents in the said Court of Session in Scotland, shall be deemed good Service.

Stewart against Blair.

Upon reading the Petition and Appeal of John Bruce Stewart Esquire, of Symbester, complaining of Three Interlocutors of the Lord Ordinary in Scotland, of the 20th of June and 1st and 11th of August 1780; as also of Three Interlocutors of the Lords of Session there, of the 30th of November and 21st December 1780, and 27th of January 1781; and also of another Interlocutor of the said Lord Ordinary, of the 30th of April 1781; and praying, "That the same may be reversed, varied, or amended, or that the Appellant may have such other Relief in the Premises as to this House, in their Lordships great Wisdom, shall seem meet; and that Henry Blair, Merchant in Yell, may be required to answer the said Appeal:"

It is Ordered, That the said Henry Blair may have a Copy of the said Appeal, and do put in his Answer thereunto in Writing, on or before Monday the 7th Day of January next; and Service of this Order upon any of the Counsel or Agents of the said Respondent in the said Court of Session in Scotland, shall be deemed good Service.

Spottiswoode to enter into Recognizance on Magistrates of Whithora's Appeal.

The House being moved, "That John Spottiswoode of Sackville Street, Gentleman, may be permitted to enter into a Recognizance for the Magistrates of the Borough of Whithorn, 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.

Morris et al. against Cantle et al.

Upon reading the Petition and Appeal of John Morris Esquire, William Veale the elder, and William Veale the younger, an Infant, by the said William Veale the elder, his Father and Guardian, complaining of a Decree of the Court of Chancery, of the 12th of March 1781; and praying, "That the same may be reversed or varied in such Manner as to their Lordships shall seem meet; and that John Cantle, George Mills, and William Litman, may be required to answer the said Appeal:"

It is Ordered, That the said John Cantle, George Mills, and William Litman, 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 24th Day of this Instant December; and Service of this Order upon the Clerk in Court of the said Respondents, in the said Court of Chancery, shall be deemed good Service.

M^cLean and Robertson against Henderson and Kemp.

Upon reading the Petition and Appeal of Catherine M^cLean, Sister German and One of the Legatees of the deceased John M^cLean Captain in the Service of the Honourable East India Company, and Spouse to John Robertson Staymaker, in Edinburgh, and him for his Interest, complaining of Four Interlocutors of the Lord Justice Clerk in Scotland, of the 14th of December 1778, Two of the 4th of March 1779, and another of the 4th of August 1779; and praying, "That the same may be reversed, varied, or amended, or 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 Helen Henderson Wife of George Kemp, residing in Haddington, and the said George Kemp, may be required to answer the said Appeal:"

It is Ordered, That the said Helen Henderson and George Kemp 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 7th Day of January next; and Service of this Order upon any of the Counsel or Agents of the said Respondents, in the Court of Session in Scotland, shall be deemed good Service.

Hunter against Buchan.

Upon reading the Petition and Appeal of Robert Hunter of Thurston, Esquire, James Cray Baker, and late Deacon Conveener of the Trades of Edinburgh, and George Buchan Hepburn Esquire, Advocate, complaining of Two Interlocutors of the Lords of Session in Scotland, of the 19th of June and 4th of July 1781, in as far as it is thereby found that no partial removing can proceed; and praying, That the same may be reversed or varied, or 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 Buchan of Letham, Esquire, may be required to answer the said Appeal:"

It is Ordered, That the said John Buchan may have a Copy of the said Appeal, and do put in his Answer thereunto in Writing, on or before Monday the 7th Day of January next; and Service of this Order upon the said Respondent, or upon any of his Counsel or Agents in the said Court of Session in Scotland, shall be deemed good Service.

Full et al, against Hutchings.

Upon reading the Petition and Appeal of Langdon John Full, Edward Luscombe, Richard Furneaux, John Webber, Robert Brown, John Dearin, and Margaret Soper, Farmers and Occupiers of Lands in the Parish of Dittisham, in the County of Devon, complaining of a Decree of the Court of Exchequer, of the 23d of June 1780; and praying, "That the same may be reversed, varied, or altered, or 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 Hutchings Clerk, may be required to answer the said Appeal:"

It is Ordered, That the said John Hutchings Clerk may have a Copy of the said Appeal, and do put in his Answer thereunto in Writing, on or before Monday the 24th Day of this Instant December; and Service of this Order upon the said Respondent's Clerk in Court, in the said Court of Exchequer, shall be deemed good Service.

Maxwell and Thomson against E. Galloway and Gordon.

Upon reading the Petition and Appeal of David Maxwell of Cardiness, Esquire, in his own Name, and as Attorney of the Reverend Mr. William Thomson Minister of the Presbyterian Meeting at Workington in Cumberland, and of the said William Thomson for his Interest, complaining of Two Interlocutors of the Lords of Session in Scotland, of the 19th of January and 8th of March 1775; and praying, "That the same may be reversed, varied, or altered, or 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 the Earl of Galloway and James Gordon of Balmeg, may be required to answer the said Appeal:"

It is Ordered, That the said Earl of Galloway and James Gordon may have a Copy of the said Appeal, and do put in their Answer or respective Answers thereunto, in Writing, on or before Monday the 7th Day of January next; and Service of this Order upon the said Respondents, or upon any of their Counsel or Agents in the said Court of Session in Scotland, shall be deemed good Service.

Ellict to enter into Recognizance on Boston's Appeal.

The House being moved, "That John Elliot of Leicester Street, Leicester Fields, Gentleman, may be permitted to enter into a Recognizance for Thomas Boston and others, on account of their Appeal depending in this House, they residing in Scotland:"

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

Anderson to enter into Recognizance on Stewart's Appeal.

The House being moved, "That Andrew Anderson of Devonshire Street, Queen Square, Gentleman, may be permitted to enter into a Recognizance for John Bruce Stewart Esquire, on Account of his Appeal depending in this House, he residing in Scotland:"

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

Chalmer to enter into Recognizance on Hunter's Appeal.

The House being moved, "That James Chalmer of Leicester Fields, Gentleman, may be permitted to enter into a Recognizance for Robert Hunter Esquire, and others, on account of their Appeal depending in this House, they living in Scotland:"

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

Dagge to enter into Recognizance on Full's Appeal.

The House being moved, "That John Dagge of the Parish of Saint George, Bloomsbury, in the County of Middlesex, Gentleman, may be permitted to enter into a Recognizance for Langdon John Full and others, on account of their Appeal depending in this House, they being in the Country:"

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

Longlands to enter into Recognizance on Maxwell and Thomson's Appeal.

The House being moved, "That Thomas Longlands of Brewer Street, Gentleman, may be permitted to enter into a Recognizance for David Maxwell Esquire, and William Thomson, on account of their Appeal depending in this House, they residing in in Scotland:"

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

Flemings against Fleming.

The House being moved, "That a Day may be appointed for hearing the Cause wherein Willielmina and Catharine Fleming are Appellants, and Malcolm Fleming 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.

Thomson against Buchanan et al.

The House being moved, "That a Day may be appointed for hearing the Cause wherein John Thomson Junior, Merchant in Leith, is Appellant, and George Buchanan and others are Respondents, ex parte, the Respondents not having put in their Answer thereto, though peremptorily ordered so to do:"

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

Causes put off.

Ordered, That the Hearing of the Cause wherein William Duke of Montrose and others are Appellants, and Sir James Colquhoun of Luss is Respondent, which stands appointed for Wednesday next, be put off to Friday next; and that the rest of the Causes be removed in course.

Corbet et al. against Barry and King:

Upon reading the Petition of Cuningham Corbet and others, Appellants in a Cause depending in this House, to which William Barry and James King are Respondents, which stands appointed for hearing; setting forth, That the Parties in this Cause having agreed to submit the Matters in Dispute to Arbitration:" The Petitioners pray, "That their Lordships will be pleased to allow them to withdraw their said Appeal without Costs, the Agent for the said Respondents having signed the said Petition as consenting thereto:"

Appeal withdrawn.

It is Ordered, That the Petitioners be at Liberty to withdraw their said Appeal without Costs, as desired.

Appeals left with Clerks, to be read next Sitting Day.

It being proposed to adjourn beyond the Time limited by their Lordships Standing Order for presenting Appeals (being Fourteen Days from the First Day of every Session):

It is Ordered, That all such Appeals as shall be left at the Parliament Office with the Clerk within the Time limited by the said Standing Order, during the Adjournment of the House, be read the next Sitting Day of the House.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, decimum quartum diem instantis Decembris, horâ undecimâ Auroræ, Dominis sic decernentibus.

DIE Veneris, 14^o Decembris 1781.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Ld. Hawke sat first in Parliament:

This Day Martin Bladen Lord Hawke sat first in Parliament after the Death of his Father Edward Lord Hawke; his Lordship having first at the Table taken the Oaths and made and subscribed the Declaration, and also taken and subscribed the Oath of Abjuration pursuant to the Statutes.

Pedigree delivered.

Garter King at Arms delivered in at the Table his Lordship's Pedigree, pursuant to the Standing Order.

Chaloner et al. against Travis.

Upon reading the Petition and Appeal of Thomas Chaloner, John Edwards, Thomas Briscoe, Robert Pickering, Thomas Pickering, Thomas Whitley, John Mason, John Wilkinson, and John Jones, complaining of a Decree or Decretal Order of the Court of Exchequer of the 21st of June 1781: and praying, "That the same may be reversed, or 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 George Travis, Clerk, may be required to answer the said Appeal:"

It is Ordered, That the said George Travis, Clerk, may have a Copy of the said Appeal, and do put in his Answer thereunto in Writing, on or before Friday the 28th Day of this Instant December.

Lady Cranston and Lade against Scott et al.

Upon reading the Petition and Appeal of Sophia Lady Cranston, and Michael Lade Esquire, her Husband. complaining of Two Interlocutors of the Lord Ordinary in Scotland, of the 24th of January 1778, and 9th December 1780, and also of Two Interlocutors of the Lords of Session there, of the 12th and 28th of July 1781; and praying, "That the same may be reversed, varied, or altered, or 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 Robert Scott of Crailing, Esquire, and the Creditors and Purchasers of the Estate of the late James Lord Cranston, may be required to answer the said Appeal:"

It is Ordered, That the said Robert Scott, and the Creditors and Purchasers of the Estate of the late James Lord Cranston, 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 11th Day of January next; and Service of this Order upon any of the Counsel or Agents of the said Respondents in the said Court of Session in Scotland, shall be deemed good Service.

Spottiswoode to enter into Recognizance on M^cLean's Appeal.

The House being moved, "That John Spottiswoode of Sackville Street, Gentleman, may be permitted to enter into a Recognizance for Katherine M^cLean, and her Husband, 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.

Freeland and Knox against Greenway:

Upon reading the Petition of John Greenway Gentleman, Defendant in a Writ of Error depending in this House, wherein Robert Freeland and Robert Knox are Plaintiffs; setting forth, "That the Plaintiffs have not assigned Errors within the Time limited by their Lordships Standing Order;" and therefore praying, "That the said Writ of Error may be Non-pros'd with such Costs, as to their Lordships shall seem meet:"

Writ of Error Non-pros'd with Costs.

It is Ordered, That the Petitioner do forthwith enter a Non-pros on the said Writ of Error, as desired; and that the Record be remitted to the Court of King's Bench, to the End Execution may be had upon the Judgement given by that Court, as if no such Writ of Error had been brought into this House; and further, That the Plaintiffs in Error do pay or cause to be paid to the Defendant in Error, the Sum of Forty Pounds for his Costs, by reason of the Delay of the Execution of the said Judgement.

American Habeas Corpus Bill.

A Message was brought from the House of Commons, by Sir Grey Cooper and others:

With a Bill, intituled, "An Act for further continuing an Act made in the Seventeenth Year of the Reign of His present Majesty, intituled, "An Act to impower His Majesty to secure and detain Persons charged with, or suspected of the Crime of High Treason committed in any of His Majesty's Colonies or Plantations in America, or on the High Seas, or the Crime of Piracy;" to which they desire the Concurrence of this House.

Meier and Retberg's Naturalization Bill.

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

With a Bill, intituled, "An Act for naturalizing Henry Meier and Herman Diederick Retberg;" to which they desire the Concurrence of this House.

The said Two Bills were, severally, read the First Time.

Causes put off.

Ordered, That the Hearing of the Cause, wherein William Duke of Montrose, and others, are Appellants, and Sir James Colquhoun of Luss is Respondent, which stands appointed for this Day, be put off to the Second Cause Day after the Recess at Christmas; and that the rest of the Causes be removed in Course.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, decimum septimum diem instantis Decembris, horâ undecimâ Auroræ, Dominis sic decernentibus.

DIE Lunæ, 17^o Decembris 1781.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Wauchope and another against York Buildings Company.

The Answer of the York Buildings Company and their Creditors to the Appeal of Andrew Wauchope Esquire, and another, was this Day brought in.

Land Tax Bill.

A Message was brought from the House of Commons, by Sir Grey Cooper and others:

With a Bill, intituled, "An Act for granting an Aid to His Majesty, by a Land Tax, to be raised in Great Britain, for the Service of the Year One thousand seven hundred and eighty-two;" to which they desire the Concurrence of this House.

Malt Bill.

A Message was brought from the House of Commons, by Sir Grey Cooper and others:

With a Bill, intituled, "An Act for continuing and granting to His Majesty certain Duties upon Malt, Mum, Cyder, and Perry, for the Service of the Year One thousand seven hundred and eighty-two;" to which they desire the Concurrence of this House.

The said Two Bills were, severally, read the First Time.

American Habeas Corpus Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for further continuing an Act made in the Seventeenth Year of the Reign of His present Majesty, intituled, An Act to impower His Majesty to secure and detain Persons charged with, or suspected of the Crime of High Treason, committed in any of His Majesty's Colonies or Plantations in America, or on the High Seas, or the Crime of Piracy:"

Ordered, That the said Bill be committed to a Committee of the whole House:

Ordered, That the House be put into a Committee upon the said Bill To-morrow.

Meier and Retberg's Naturalization Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for naturalizing Henry Meier, and Herman Diederick Retberg:"

Ordered, That the said Bill be committed to the Consideration of the Lords following:

Their Lordships, or any Five of them, to meet Tomorrow, at Ten o'Clock in the Forenoon, in the Prince's Lodgings, near the House of Peers; and to adjourn as they please.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, decimum octavum diem instantis Decembris, horâ undecimâ Auroræ, Dominis sic decernentibus.

DIE Martis, 18^o Decembris 1781.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Meier's and Retberg's Naturalization Bill.

The Earl of Westmorland reported from the Lords Committees, to whom the Bill, intituled, "An Act for naturalizing Henry Meier and Herman Diederick Retberg," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Land Tax Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for granting an Aid to His Majesty, by a Land Tax, to be raised in Great Britain, for the Service of the Year One thousand seven hundred and eighty-two:"

Ordered, That the said Bill be read the Third Time To-morrow.

Malt Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for continuing and granting to His Majesty certain Duties upon Malt, Mum, Cyder and Perry, for the Service of the Year One thousand seven hundred and eighty-two:"

Ordered, That the said Bill be read the Third Time Tomorrow.

American Habeas Corpus Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for further continuing an Act made in the Seventeenth Year of the Reign of His present Majesty, intituled, "An Act to empower His Majesty to secure and detain Persons charged with, or suspected of the Crime of High Treason, committed in any of His Majesty's Colonies or Plantations in America, or on the High Seas, or the Crime of Piracy."

After some Time, the House was resumed:

And the Earl of Westmorland reported from the Committee, "That they had gone through the Bill, and directed him to report the same to the House; without any Amendment."

Lord Advocate for Scotland et al. against Hart.

Upon reading the Petition and Appeal of Henry Dundas of Melville Esquire, His Majesty's Advocate for Scotland, Mr. John Monro Advocate, Procurator Fiscal of the High Court of Admiralty in Scotland, John Jackson Esquire, Receiver General of all Droits and Perquisites of the Admiralty of Great Britain, and George Gostling Junior, Esquire, His Majesty's Procurator General in His Office of Admiralty, all for His Majesty's Interest, complaining of an Interlocutor of the Judge Admiral in Scotland, of the 27th of July, 1781; and also of an Interlocutor of the Lord Ordinary there, of the 14th of December 1781; and praying, "That the same may be reversed, varied or altered, or 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 William Hart, Master of the Ship Noord Holland, may be required to answer the said Appeal:"

It is Ordered, That the said William Hart may have a Copy of the said Appeal, and do put in his Answer thereunto in Writing, on or before Tuesday the 15th Day of January 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."

Spottiswoode to enter into Recognizance on Munro's Appeal.

The House being moved, "That John Spottiswoode of Sackville Street, Gentleman, may be permitted to enter into a Recognizance for Mr. John Munro Advocate, 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.

Graham to enter into Recognizance on Chaloner's Appeal.

The House being moved, "That Thomas Graham of Lincoln's Inn, Gentleman, may be permitted to enter into a Recognizance for Thomas Chaloner, and others, on Account of their Appeal depending in this House, they living in the Country:"

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

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, decimum nonum diem instantis Decembris, horâ undecimâ Auroræ, Dominis sic decernentibus.

DIE Mercurii, 19^o Decembris 1781.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Wickers against Mitford.

The Answer of John Mitford Esquire, to the Appeal of Charlotte Wicker Widow, and others, was this Day brought in.

Land Tax Bill:

The Order of the Day being read for the Third Reading of the Bill, intituled, "An Act for granting an Aid to His Majesty, by a Land Tax, to be raised in Great Britain, for the Service of the Year One thousand seven hundred and eighty-two:"

Moved, "That the said Bill be now read the Third Time."

Then an Amendment was proposed to be made to the said Motion, by leaving out the Word ("now"), and instead thereof inserting at the End thereof the following Words, (videlicet) ("on the First Day of Meeting after the Recess at Christmas")

Which being objected to,

After Debate,

The Question was put, "Whether the Word ("now") shall stand Part of the Motion?"

It was resolved in the Affirmative.

Then the said Bill was accordingly read the Third Time:

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

It was resolved in the Affirmative.

Malt Bill:

The Order of the Day being read for the Third Reading of the Bill, intituled, "An Act for continuing and granting to His Majesty certain Duties upon Malt, Mum, Cyder and Perry, for the Service of the Year One thousand seven hundred and eighty-two."

The said Bill was accordingly read the Third Time.

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

It was resolved in the Affirmative.

American Habeas Corpus Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for further continuing an Act made in the Seventeenth Year of the Reign of His present Majesty, intituled, An Act to empower His Majesty to secure and detain Persons charged with, or suspected of the Crime of High Treason, committed in any of His Majesty's Colonies or Plantations in America, or on the High Seas, or the Crime of Piracy."

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

It was resolved in the Affirmative.

Meier's and Retberg's Naturalization Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for naturalizing Henry Meier and Herman Diederick Retberg."

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

It was resolved in the Affirmative.

Messages to H. C. that the Lords have agreed to the Four preceding Bills.

And Messages were, severally, ordered to be sent to the House of Commons, by Mr. Pepys and Mr. Hett:

To acquaint them, That the Lords have agreed to the said Bills, without any Amendment.

Wigtoun Claim of Peerage, Committee to meet.

Upon reading the Petition of Hamilton Flemyng Esquire, claiming the Title of Earl of Wigtoun Lord Flemyng and Cumbernauld; setting forth, "That on the 12th Day of June last the Lords Committees of Privileges proceeded on the Petitioner's Claim, after having heard Counsel and an Examination of the Petitioner's Witnesses, their Lordships were pleased to order that certain Papers offered in Evidence, should be referred to Mr. Rose for his Inspection, and that he should report his Opinion thereupon, and that the further Hearing be adjourned sine Die; that Mr. Rose will be prepared to make his Report whenever their Lordships please;" and therefore praying their Lordships, "To order the Lords Committees of Privileges to meet on Monday the 28th of January next, or on such other Day in the present Session as their Lordships shall think proper, in order to receive Mr. Rose's Report; and further, to take into Consideration the Petitioner's Claim; and that Notice thereof may be given to His Majesty's Attorney General and the Lord Advocate for Scotland:"

It is Ordered, That the Lords Committees for Privileges do meet to consider further of the said Claim on Monday the 4th Day of February next; and that Notice thereof be given to His Majesty's Attorney General and the Lord Advocate for Scotland.

Bp. Litchfield and Coventry to preach on 30th January.

Ordered, That the Lord Bishop of Litchfield and Coventry be, and he is hereby desired to preach before this House on Wednesday the 30th Day of January next, in the Abbey Church Westminster.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, vicesimum diem instantis Decembris, horâ undecimâ Auroræ, Dominis sic decernentibus.

DIE Jovis, 20^o Decembris 1781.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

The House was adjourned during Pleasure to robe.

The House was resumed.

The 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 that they attend him immediately in this House:"

Who being come, with their Speaker,

He, after a Speech in relation to the Money Bills to be passed, delivered them to the Clerk, who brought them to the Table, where the Deputy Clerk of the Crown read the Titles of those and the other Bills to be passed, severally, as follows; (videlicet),

Bills passed.

1. "An Act for granting an Aid to His Majesty by a Land Tax to be raised in Great Britain, for the Service of the Year One thousand seven hundred and eightytwo."

2. "An Act for continuing and granting to His Majesty certain Duties upon Malt, Mum, Cyder and Perry, for the Service of the Year One thousand seven hundred and eighty-two."

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

"Le Roy remercie ses bon Sujets, accepte leur Benevolence, et ainsi le veult."

3. "An Act for further continuing an Act made in the Seventeenth Year of the Reign of His present Majesty, intituled, "An Act to empower His Majesty to secure and detain Persons charged with, or suspected of the Crime of High Treason, committed in any of His Majesty's Colonies or Plantations in America, or on the High Seas, or the Crime of Piracy."

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

"Le Roy le veult."

4. An Act for naturalizing Henry Meier and Herman Diederick Retberg."

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

"Soit fait comme il est desiré."

Then His Majesty was pleased to retire.

And the Commons withdrew.

The House was adjourned during Pleasure to unrobe.

The House was resumed.

Spottiswoode to enter into Recognizance on Lady Cranston and Lade's Appeal.

The House being moved, "That John Spottiswoode of Sackville Street Gentleman, may be permitted to enter into a Recognizance for Sophia Lady Cranston and Michael Lade Esquire, her Husband, on account of their Appeal depending in this House, they living in the Country:"

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

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, tricesimum diem Januarii, jam prox. sequen. horâ decimâ Auroræ, Dominis sic decernentibus.