House of Lords Journal Volume 36: December 1779 1-10

December 1779 1-10

DIE Mercurii, 1^o Decembris 1779.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

St. Clair against Magistrates, &c. of Dysart.

The Answer of the Magistrates and Town Council of the Burgh of Dysart, to the Appeal of Colonel James St. Clair of St. Clair, was this Day brought in.

Graham et al. against Graham.

As was also, The Answer of Margaret Graham otherwise Porterfield, the Widow of William Graham Esquire, to the Appeal of Elizabeth Graham, and others.

Leslie against Orme.

And also, The Answer of David Orme, Writer in Edinburgh, to the Cross Appeal of John Leslie of Balquhain.

His Majesty's Answer to Address.

The Lord Chancellor reported, "That the House did on Friday 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 loyal and dutiful Address. The Spirit and Resolution with which you stand forth in the National Defence, and the Support you promise to the vigorous Measures I am determined to pursue, must tend to restore, upon fair and equitable Terms, that general Tranquillity which I have ever endeavoured to maintain; and your Attention to those Important Objects I have recommended to you, will, I doubt not, increase the general Prosperity of all My Subjects, which is My constant and invariable Aim."

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

East India Goods, Accounts, & c. 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)

1. An Account of prohibited East India Goods imported into St. Helens and Private Trade Warehouse in the Port of London, from Michaelmas 1778, to Michaelmas 1779; including the Old unclaimed Goods found in the Warehouse; what delivered out for Exportation during that Period, and what remained in the said Warehouse at Michaelmas 1779.

2. An Account of prohibited East India Goods imported into Leadenhall Warehouse, from Michaelmas 1778, to Michaelmas 1779; also, what exported during that Time, and what remained in the said Warehouse at Michaelmas 1779.

3. An Account of prohibited East India Goods remaining in His Majesty's Warehouse in the Port of London, at Michaelmas 1778; what have been since brought in, what exported, as also what remained at Michaelmas 1779.

4. An Account of East India Goods prohibited to be worn in this Kingdom, in the respective Warehouses in the Out Ports, at Michaelmas 1778; what have been since brought in, what exported, as also what remained at Michaelmas 1779.

5. An Account of prohibited East India Goods which have been delivered out of the Warehouses at St. Helens, Leaden Hall and Billiter Lane, and the Custom House in the Port of London, since Michaelmas 1778, in order to be dyed, glazed and refreshed; what have been since returned, and what remained out at Michaelmas 1779.

6. An Account of Naval Stores imported from Russia into the Port of London, from Michaelmas 1778, to Michaelmas 1779.

7. An Account of Naval Stores, imported from Russia into the Ports of England, commonly called The Out Ports, from Michaelmas 1778, to Michaelmas 1779.

"8. An Account of the Number of Ships which have beeen 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 1779."

And then they withdrew.

And the Titles thereof being read by the Clerk.

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

Great Britain and Ireland, Accounts relative to Trade of, delivered.

The Earl of Hillsborough (by His Majesty's Command) laid before the House, pursuant to an Address to His Majesty, in the last Session of Parliament;

"Accounts and Papers relating to the Trade and Manufacture of Great Britain and Ireland;" together with a List thereof; which was read by the Clerk as follows; (videlicet)

An Account of the Quantities of enumerated Goods exported from Scotland into Ireland, from the Year 1764, to the 5th January 1779.

An Account of the Quantities of enumerated Goods imported into Scotland from Ireland, from the Year 1764, to the 5th January 1779.

An Account of all Duties paid on the Importation of rough Hemp into that Part of Great Britain called England, as also all Drawbacks paid upon the Re-exportation of the same to Ireland, from Christmas 1746, to Christmas 1777, distinguishing each Year.

An Account of the Quantities of Beef exported from Ireland, from the Year 1768, to the Year 1778.

An Account of the Quantities of Tallow exported from Ireland, from 1768 to 1778.

An Account of the Quantities of Pork exported from Ireland, from 1768 to 1778.

An Account of the Quantities of Linen Cloth exported from Ireland, from 1768 to 1778.

An Account of the Medium Quantities within every Seven Years, of Cotton Wool exported from that Part of Great Britain called England, to Ireland, from the 1st of January 1751, to the 1st of January 1779, which is as far as the same can be made up.

An Account of Bounties paid or payable on Irish Linen exported from England, from Christmas 1743, to Christmas 1778, and the computed Value of the Linens so exported.

An Account of the Medium Quantities within every Seven Years, of Raw Sugars exported from that Part of Great Britain called England, to Ireland, from Christmas 1750, to Christmas 1778, which is as far as the same can be made up.

"An Account of the Medium Quantities of Canvas and Sail Cloth exported to, and imported from Ireland, from the Year 1740 to 1746, from the Year 1746 to the Year 1750, from the Year 1750 to the Year 1754, and from the Year 1754 to the Year 1760, with a Medium of each Period."

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

Ireland, Papers relative to, delivered.

The Earl of Hillsborough also (by His Majesty's Command) laid before the House,

"Papers received from his Excellency the Lord Lieutenant of Ireland;" together with a List thereof; which was read by the Clerk as follows; (videlicet)

Copy of a Letter to his Excellency the Lord Lieutenant of Ireland, from the Commissioners of the Revenue, dated Custom House, Dublin, the 26th May 1779.

Copy of the Report of the Commissioners of the Revenue, upon the Addresses of the Lords and Commons of Great Britain, relative to the State and Trade, &c. of Ireland, dated 26th June 1779, inclosing Twelve Copies; (videlicet)

No. 1. Hereditary Revenue under the Head of Customs inward, for Ten Years, ending at Lady Day 1778.

2. An Account of the Quantity of Butter exported out of Ireland, for Ten Years, 1769—1778.

3. An Account of the Number of Tanned Hides exported out of Ireland, for Ten Years, 1769—1778.

4. An Account of the Number of Hides un-tanned, exported out of Ireland, for Ten Years, 1769—1778.

5. Ireland. Silk Manufactures imported from Great Britain, for Ten Years, 1769—1778.

6. Ireland. Mixed Manufactures imported from Great Britain, for Ten Years, 1769—1778.

7. An Account of the Number of Yards of New Drapery imported into Ireland from Great Britain, for Ten Years, 1769—1778.

8. An Account of the Number of Yards of Old Drapery imported into Ireland from Great Britain, for Ten Years, 1769—1778.

9. An Account of the Number of Yards of Callico stained, imported into Ireland from Great Britain, for Ten Years, 1769—1778.

10. An Account of the Number of Yards of Canvas imported into Ireland from Great Britain, for Ten Years, 1769—1778.

11. An Account of the Number of Yards of Kentings imported into Ireland from Great Britain, for Ten Years, 1769—1778.

"12. Ireland. Fustians; Account of the Number of Yards imported from Great Britain, for Ten Years 1769—1778."

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

Bissell against The King:

A Petition of Joseph Bissell Esquire, Plaintiff, in a Writ of Error depending in this House, wherein The King is Defendant, was presented and read; 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 the said Writ of Error may be Non-pros'd with such Costs, as to their Lordships shall seem meet."

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

Writ of Error Non-pros'd with Costs.

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.

Keene Leave for a Bill:

After reading and considering the Report of the Judges, to whom was referred the Petition of Benjamin Keene Esquire, praying Leave to bring in a Private Bill for the Purposes therein mentioned:

It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act to enable Mary Ruck Spinster, notwithstanding her Minority, to convey, assign and settle her Real and Personal Estate on her intended Marriage with Benjamin Keene Esquire."

Bp. Norwich's Petition referred to Judges.

Upon reading the Petition of the Right Reverend Father in God Philip by Divine Providence Lord Bishop of Norwich, 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 Hotham, 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.

Mearns and French against Sir C. Raymond et al.

Upon reading the Petition of Sir Charles Raymond Baronet and others, Defendants in a Writ of Error depending in this House, wherein Archibald Mearns and George French 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 Petitioners 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 Defendants in Error, the Sum of Forty Pounds for their Costs, by reason of the Delay of the Execution of the said Judgement.

Lever against Tappenden et al.

Upon reading the Petition of John Tappenden and others, Defendants in a Writ of Error depending in this House, wherein Richard Lever is Plaintiff; setting forth, "That the Plaintiff has 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 Petitioners 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 Defendants in Error, the Sum of Forty Pounds for their Costs, by reason of the Delay of the Execution of the said Judgement.

Russell against Hunter:

Upon reading the Petition of Robert Hunter, Defendant in a Writ of Error depending in this House, wherein George Russell is Plaintiff; setting forth, "That the Plaintiff has not assigned Errors within the Time limited by their Lordships Standing Order;" and therefore praying, "That the said Writ of Error may may be Non-pros'd, with such Costs, as to their Lordships shall seem meet:"

Writ of Error Non-pros'd with Cost.

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 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.

Pughe et Ux. against D. Leeds et al.

The House being moved, "That a Day may be appointed for hearing the Cause wherein Lewis Pughe Esquire and Elizabeth his Wife are Appellants, and Thomas Duke of Leeds 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.

York Buildings Company against Ferguson.

The House being informed, "That James Ferguson, of Pitsour, Esquire, Advocate, Respondent to the Appeal of the Governor and Company of Undertakers for raising the Thames Water in York Buildings, and their Creditors, had not put in his Answer to the said Appeal, though duly served with the Order of this House for that Purpose:"

And thereupon an Affidavit of David Strachan, Clerk to Alexander M^cKenzie, Writer to the Signet, of the due Service of the said Order being read:

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

Ireland, Entries relative to, read:

The Order of the Day being read for the Lords to be summoned:

It was moved, "That the Address to His Majesty of the 11th of May last, relating to the present State of Ireland; and also His Majesty's Answer thereto, the next Day, might be read."

The same were accordingly read by the Clerk.

Then it was moved, "That the Motion to address His Majesty for such Steps as have been taken in relation to the distressed State of Ireland, of the 2d of June last, might be read."

The same was accordingly read by the Clerk.

Motion for Address of Censure on His Majesty's Ministers, negatived.

Then it was moved to resolve, "That it is highly criminal in His Majesty's Ministers to have neglected taking effectual Measures for the Relief of the Kingdom of Ireland, in consequence of the Address of this House, dated the 11th Day of May, and of His Majesty's most gracious Answer; and to have suffered the Discontents of that Kingdom to rise to such a Height, as evidently to endanger a Dissolution of the constitutional Connection between the two Kingdoms, and to create new Embarrassments to the Publick Councils, by Division and Diffidence in a Moment when real Unanimity, grounded on mutual Confidence and Affection, is confessedly essential to the Preservation of what is left of the British Empire."

Which being objected to,

After long Debate,

It was moved, "To adjourn, this Debate for Two Months."

The Question was put thereupon?

It was resolved in the Negative.

Then the Question was put, "Whether to agree to the said Motion?"

It was resolved in the Negative.

Adjourn.

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

DIE Veneris, 3^o Decembris 1779;

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Writs of Error delivered:

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

I Anson against Smith et al.

In the First of which,

William I Anson Gentleman one, &c. is Plaintiff,
and
Thomas Smith and others, are Defendants.

Parker against Miller.

In the Second, Charles Parker is Plaintiff, and
John Miller is Defendant.

Butler against Wright.

In the Third,
John Butler is Plaintiff,
and
Richard Wright is Defendant.

Baldwin against each man and Bettsworth.

In the Fourth,
Christopher Baldwin is Plaintiff,
and
John Leachman and Thomas Bettsworth Executors, &c. of John Warren deceased, are Defendants.

Eyre against Salomons.

And in the last,

Francis Eyre, one, &c. is Plaintiff,
and
Jacob Salomons is Defendant.

Keene's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable Mary Ruck Spinster, notwithstanding her Minority, to convey, assign and settle her Real and Personal Fstate, on her intended Marriage with Benjamin Keene Esquire."

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

Their Lordships, or any Five of them, to meet on Monday the 20th Day of this Instant December, at Ten o'Clock in the Forenoon, in the Prince's Lodgings, near the House of Peers; and to adjourn as they please.

Ld. Macdonald against M^cLeod.

Upon reading the Petition of Lord Macdonald, Ap pellant in a Cause depending in this House, and of Norman M^cLeod Esquire, Respondent thereto, which stands appointed for hearing; setting forth, "That the Parties in this Cause being under Treaty for an amicable Accommodation of the Matters in Dispute between them, are desirous that the Hearing of the said Cause may be put off till the next Session of Parliament;" and therefore praying their Lordships, To postpone the Hearing of the said Cause till the next Session of Parliament:"

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

M^cLean against Wilson;

Upon reading the Petition of Archibald M^cLean Esquire, Appellant in a Cause depending in this House, to which John Wilson is Respondent; setting forth, "That the Petitioner presented his Appeal to their Lordships from certain Interlocutors of the Lord Ordinary and Lords of Session in Scotland; but in stating his Appeal to their Lordships, he mis-stated the Date of One of these Interlocutors, the same having been pronounced upon, and dated the 6th Day of August 1776, instead of the 10th Day of that Month, as mentioned in the Appeal;" and therefore praying their Lordships, "That he may be permitted to amend his said Appeal, by altering the Date of the above Interlocutor from the 10th to the 6th Day of August 1776, the Petitioner amending the Respondent's Copy:"

It is Ordered, That the Petitioner be at Liberty to amend his said Appeal, by altering the Date of the said Interlocutor from the 10th to the 6th Day of August 1776, as desired, he amending the Respondent's Copy.

Dun against M^cClure:

Upon reading the Petition and Appeal of George Dun Farmer in Carnderry; complaining of Seven Interlocutors of the Lord Ordinary in Scotland, of the 23d of January and 3d of February 1776, the 21st of July 1778, the 22d of January, 23d of June, and 2d and 16th of July 1779 ; and also of Five Interlocutors of the Lords of Session there, of the 14th of November 1777, the 3d, 18th and 28th of February 1778, and 26th of November 1779; 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 Hugh M^cClure in Brownhill may be required to answer the said Appeal:"

It is Ordered, That the said Hugh M^cClure may have a Copy of the said Appeal, and do put in his Answer thereunto in Writing, on or before Friday the 31st Day of this Instant December; 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.

Chalmer to enter into recognizance on said Appeal.

The House being moved, "That James Chalmer of Leicester Fields, in the County of Middlesex, may be permitted to enter into a Recognizance for George Dun Farmer in Carnderry, on Account of his Appeal depending in this House, he living in Scotland:"

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

Southampton Election Bill.

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

With a Bill, intituled, "An Act for holding the ensuing Election of a Knight of the Shire, for the County of Southampton, at the Town of New Alresford, in the said County;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Adjourn.

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

DIE Sabbati, 4^o Decembris 1779.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Southampton Election Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for holding the ensuing Election of a Knight of the Shire for the County of Southampton, at the Town of New Alresford, in the said County."

Ordered, That the said Bill be read the Third Time on Monday next.

Hickey to enter into Recognizance on Butler's Appeal.

The House being moved, "That Joseph Hickey of St. Albans Street, London, Esquire, may be permitted to enter into a Recognizance for James Butler of Callon, in the County of Kilkenny, in the Kingdom of Ireland, Esquire, on Account of his Appeal depending in this House, he residing in Ireland."

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

Adjourn.

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

DIE Lunæ 6^o Decembris 1779.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Southampton Election Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for holding the ensuing Election of a Knight of the Shire for the County of Southampton, at the Town of New Alresford, in the said County."

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. Montagu and Mr. Eames:

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

Lords summoned.

Ordered, That the Lords be summoned to attend the Service of the House To-morrow.

Adjourn.

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

DIE Martis, 7^o Decembris 1779.

Domini tam Spirituals quam Temporales præsentes fuerunt:

PRAYERS.

Southampton Election Bill 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 an Act agreed upon by both Houses of Parliament."

The House was adjourned 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 Lord President 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 fit 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 an Act, which has been agreed upon by both Houses of Parliament, the Title whereof is particularly mentioned; and by the said Commission hath commanded Us to declare and notify His Royal Assent to the said Act, 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, Defender 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 a certain Act agreed and accorded on by you Our loving Subjects, the Lords Spiritual and Temporal, and the Commons, in this Our present Parliament assembled, and indorsed by you as hath been accustomed, the Title and Name of which Act hereafter doth particularly ensue, (that is to say) "An Act for holding the ensuing Election of a Knight of the Shire for the County of Southampton, at the Town of New Alresford, in the said County." And albeit, the said Act by you Our said Subjects the Lords and Commons, in this Our present Parliament assembled, is fully agreed and consented unto, yet nevertheless the same is not of Force and Effect in the Law, without Our Royal Assent given and put to the said Act: 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 Act, and to all Articles, Clauses, and Provisions therein contained, and have fully agreed and assented to the said Act; Willing that the said Act, 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 Henry Earl Bathurst, 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, 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; John Earl of Sandwich, First Commissioner of Our Admiralty; William Henry Earl of Rochford, Hugh Earl of Marchmont, John Earl of Ashburnham, Groom of Our Stole; Wills Ear of Hillsborough, One of Our Principal Secretaries of State; 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, David Viscount Stormont, 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 Act 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 Act, 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 Act shall be taken, accepted, and admitted a good, sufficient, and perfect Act of Parliament, and Law, 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 Sixth Day of December, in the Twentieth Year of Our Reign.

By the King Himself, signed with His own Hand.

"Yorke."

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 Act in the Commission mentioned; and the Clerks are required to pass the same, in the usual Form and Words."

1. "An Act for holding the ensuing Election of a Knight of the Shire for the County of Southampton, at the Town of New Alresford, in the said County."

To this Bill the Royal Assent was pronounced by the Clerk Assistant, in these Words; (videlicet)
"Le Roy le veult."

Then the Commons withdrew.

The House was adjourned during Pleasure.

The House was resumed.

Lord Great Chamberlain, Burrell et Ux., and D. Ancaster's Petitions relative to Office of.

The Earl of Hillsborough (by His Majesty's Command) presented to the House a Petition of Peter Burrell Esquire and Lady Priscilla Barbara Elizabeth his Wife, eldest Sister of the most Noble Robert Duke of Ancaster and Kesteven, Hereditary Lord Great Chamberlain of England, lately deceased, and eldest Daughter of the most Noble Peregrine late Duke of Ancaster and Kesteven, and Hereditary Lord Great Chamberlain of England, deceased; together with His Majesty's Reference thereof to this House:

And also, A Petition of the most Noble Brownlow Duke of Ancaster and Kesteven, and of the Right Honourable Lord Robert Bertie, Uncle of the said Duke; together with His Majesty's Reference thereof to this House, and the Report of His Majesty's Attorney General annexed:

Which Petitions and References were read by the Clerk, and are as follow:

To the King's most Excellent Majesty,

The humble Petition of Peter Burrell Esquire and Lady Priscilla Barbara Elizabeth his Wife, eldest Sister of the most Noble Robert Duke of Ancaster and Kesteven, Hereditary Lord Great Chamberlain of England, lately deceased, and eldest Daughter of the most Noble Peregrine late Duke of Ancaster and Kesteven, and Hereditary Lord Great Chamberlain of England, deceased;

Sheweth,

That the said Peregrine late Duke of Ancaster and Kesteven, deceased, was entitled to and exercised the Office of Hereditary Lord Great Chamberlain of England, and died on the 12th Day of August 1778, leaving One Son, the said Duke Robert, and Two Daughters; (that is to say) Your Petitioner Lady Priscilla Barbara Elizabeth Burrell his eldest, and Lady Georgina Charlotte Bertie his youngest Daughter, and no other Issue:

That on the Death of the said Peregrine late Duke Ancaster and Kesteven, the Father of Your Petitioner Lady Priscilla Barbara Elizabeth Burrell, all his Titles, and the Office of Lord Great Chamberlain of England, descended upon Your said Petitioner's Brother, the said Robert late Duke of Ancaster and Kesteven, who executed the said Office, and died on the 8th Day of July 1779 without Issue, leaving Your said Petitioner Lady Priscilla Barbara Elizabeth Burrell, and the said Lady Georgina Charlotte Bertie, his Sisters and Heirs at Law:

That Your Petitioners most humbly conceive, that the Office of Hereditary Lord Great Chamberlain of England, did, on the Death of the said Robert the last Duke of Ancaster and Kesteven, come to and descend upon Your Petitioner Lady Priscilla Barbara Elizabeth Burrell as his eldest Sister; and that Your Petitioner Peter Burrell, as her Husband, is entitled to execute the same.

Your Petitioners therefore most humbly pray, that Your Majesty will be graciously pleased to permit Your said Petitioner Peter Burrell to execute the said Office of Lord Great Chamberlain of England, in right of Your Petitioner Lady Priscilla Barbara Elizabeth his Wife.

And Your Petitioners shall ever pray.

"Peter Burrell."

"Priscilla Barbara Elizabeth Burrell."

St. James's, 7th December 1779.

His Majesty being moved upon this Petition, is graciously pleased to refer the same (together with the Report thereunto annexed) to the Right Honourable the House of Peers, to examine the Allegations thereof, as to what relates to the Petitioners Title therein mentioned, and to inform His Majesty how the same shall appear to their Lordships.

"Hillsborough."

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

To the King's most Excellent Majesty,

The humble Petition of the most Noble Brownlow Duke of Ancaster and Kesteven, and of the Right Honourable Lord Robert Bertie, Uncle of the said Duke;

Sheweth,

That the Office of Great Chamberlain of England has for many Generations been held and enjoyed by Your Petitioners Ancestors and their Heirs Male, as the immediate Descendants of Henry the last Earl of Oxford, who died without Issue 26th March 1625, in the First Year of the Reign of His Majesty King Charles the First:

That Your Majesty's Great Grandfather King George the First, by Letters Patent under the Great Seal of Great Britain, made in the First Year of His Reign, was graciously pleased to create Robert, then Marquis of Lindsey and Great Chamberlain of England, (Grandfather of Your Petitioner Brownlow now Duke of Ancaster) a Duke of Great Britain, by the Stile and Title of Duke of Ancaster and Kesteven, to hold to him and the Heirs Male of his Body, and in Default of such Issue, to the Heirs Male of the Body of the said Robert Earl of Lindsey, Father of the said Marquis by Elizabeth his Wife, Daughter of Philip Lord Wharton, which Limitation takes in Your Petitioner Lord Robert Bertie, in case of Failure of Issue Male of the present Duke:

That by an Act of Parliament, made in the First Year of the Reign of Your Majesty's said Great Grandfather, intituled, "An Act for settling the Precedency of Robert Marquis of Lindsey, Great Chamberlain of England, when created a Duke of Great Britain, and of such as shall succeed to the said Honour," after taking Notice of His Majesty's Royal Pleasure for creating Robert Marquis of Lindsey Great Chamberlain of England a Duke of Great Britain, to hold to him and the Heirs Male of his Body, and in Default of such Issue, to the Heirs Male of the Body of Robert late Earl of Lindsey deceased, Father of the said Marquis by Elizabeth his Wife, Daughter of Philip Lord Wharton deceased; and that He had signed a Warrant for passing a Patent for that Purpose; and that they, when Dukes and Great Chamberlain, by virtue of the Statute made in the Thirty-first Year of the Reign of the late King Henry the Eighth, would have Precedency of all Dukes before that Time created; for preventing whereof it was enacted, That the said Robert Marquis of Lindsey, and the Heirs Male of His Body, and in Default of such Issue, the Heirs Male of the Body of the said Robert late Earl of Lindsey, by the said Elizabeth his Wife, Great Chamberlains of England, notwithstanding their being Dukes of Great Britain, by virtue of such intended Creation, should have Place and Precedency amongst the Dukes of Great Britain only according to the Date of the Letters Patent that should be passed for making such Creation, and not as Great Chamberlains of England, except only when he or they should be in the actual Execution of the said Office of Great Chamberlain of England, attending the Person of Your Majesty, or the Queen of England for the Time being, or introducing a Peer or Peers into the House of Lords, at which Time only he, and the Heirs Male of his Body, and in Default of such Issue, the Heirs Males of the Body of the said Robert late Earl of Lindsey, by the said Elizabeth his Wife, as Great Chamberlains of England, should have such Place and Precedency as he and they should and might have had if the said Act had not been made, the Statute, (meaning the said 31st of Henry the Eighth), or any other Law, Usage or Custom to the contrary notwithstanding:

That Peregrine Bertie Duke of Ancaster, Brother of Your Petitioner Brownlow now Duke of Ancaster, departed this Life on the 12th Day of August 1778, leaving Issue only One Son and Two Daughters; namely, Robert, who succeeded his Father, and is since dead without Issue, and Lady Priscilla Barbara Elizabeth, since married to Peter Burrell Esquire, and Lady Georgina Charlotte Bertie, who are both now living:

That the said Robert last Duke of Ancaster departed this Life on the 8th Day of July last without Issue, on whose Death the Dukedom of Ancaster and Kesteven descended upon and became vested in Your Petitioner Brownlow now Duke of Ancaster and Kesteven, the immediate Heir Male by Descent of Robert late Earl of Lindsey, by Elizabeth his Wife, Daughter of Philip Lord Wharton; and he is advised that he also became entitled to the Hereditary Office of Great Chamberlain of England; but it is contended, that the said Office descended to the said Lady Priscilla Barbara Elizabeth Burrell, as the eldest Sister of the last Duke, and that the said Peter Burrell her Husband is entitled to execute the same:

That the Office of Great Chamberlain of England is a personal Dignity and Honour, and an Office of Skill or Science, holden by Grand Serjeanty, and therefore cannot be held or executed by a Female; and it is humbly apprehended, that whenever it happened that there was a Failure of the Male Line by Descent, the said Office reverted to the Crown, as the Fountain of Honour from which the Office originated; and in former Times Your Majesty's Predecessors either permitted the General Heir Male of the Family to assume and take upon them the said Office, or otherwise made a Grant thereof to the Heir Male of the Family, or to other Persons not being under the Degree of a Duke, Marquis or Earl; and it is humbly apprehended, that no Instance can be shewn where this Office of Great Chamberlain was ever executed by a Female, or by any Husband or other Person in right of a Female, though other Offices may have been so executed; and it seems, by the Recital and the enacting Words of the before mentioned Statute, to imply, that the said Office should be inherent, and annexed to the Person who should succeed to the Honour and Dukedom of Ancaster and Kesteven, as Heir Male of the Family.

Wherefore Your Petitioners humbly beseech Your Majesty, that You will be graciously pleased either to permit Your Petitioner the said Brownlow now Duke of Ancaster, as the immediate Heir Male descended from the Line of the Veres Earls of Oxford, and his Heirs Male; and in Default of such Issue, Your Petitioner the said Lord Robert Bertie, the next Male Heir of the same Line, and his Heirs Male, to use and enjoy the said Office of Great Chamberlain of England, by virtue of Your Majesty's Royal Licence with the Dukedom of Ancaster and Kesteven; or that Your Majesty will be graciously pleased to grant the said Office to Your Petitioners and their Heirs Male, to go along with the said Dukedom, taking such Place and Precedency only as is prescribed by the before-recited Act of Parliament, or otherwise to do therein as Your Majesty in Your Wisdom and Justice may think meet.

And Your Petitioners will pray, &c.

Ancaster.

Robert Bertie.

St. James's, 7th December 1779.

His Majesty being moved upon this Petition, is graciously pleased to refer the same (together with the Report thereunto annexed) to the Right Honourable the House of Peers, to examine the Allegations thereof, as to what relates to the Petitioners Title therein mentioned, and to inform His Majesty how the same shall appear to their Lordships.

"Hillsborough."

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

Great Britain and Ireland, Accounts relative to Trade of, delivered.

The Earl of Hillsborough (by His Majesty's Command) laid before the House, pursuant to an Address to His Majesty in the last Session of Parliament for that Purpose;

"Accounts and Papers relating to the Trade and Manufacture of Great Britain and Ireland;" together with a List thereof; which was read by the Clerk, as follows; (videlicet)

An Account of the medium Quantities within every Seven Years of the following Articles; (videlicet) Tobacco, Indigo, Gum Senega, Turpentine, Ginger, Molasses, Pimento, Rice, Fustick and other dying Woods, Pitch and Tar, Masts, Yards, Bowsprits, Coffee, Cocoa Nuts, Copper Ore, Raw Silks, Yarn, Mohair, Whalesins, Pott and Pearl Ashes, Hides and Skins, exported from that Part of Great Britain called England, to Ireland, from 1st January 1752 to 1st January 1779, which is as far as the same can be made:

An Account of the medium Quantities within every Seven Years of the following Articles; (videlicet) Hops, Glass and Coals, exported from that Part of Great Britain called England, to Ireland, from 1st January 1752 to 1st January 1779, which is as far as the same can be made up:

An Account of all Wool and Woollen or Bay Yarn, Wool-selts, Shortlings, Mortlings, Woolflocks, Worsted-Yarn, and Linen-Yarn, imported into England from Ireland, from Christmas 1758 to Christmas 1778, which is as far as the same can be made up, distinguishing each Year:

An Account of the Quantities of Woollen Goods, or Manufactures of Woollen mixed or plain, exported from Scotland, (except those exported from thence to Ireland), from 5th January 1764 to 5th January 1779, distinguishing the different Places to which the Goods were exported; prepared from the General Accounts of Exportation from Scotland:

"An Account of the Quantities of Woollen Goods, or Manufactures of Woollen mixed or plain, exported from Scotland to Ireland, from 5th January 1764 to 5th January 1779, distinguishing the different Years; and also an Estimate of the Value of such Woollen Goods; prepared from the General Accounts of Exportation from Scotland in those Years."

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

Civil List, Address, to His Majesty to reduce negatived.

The Order of the Day being read for the Lords to be summoned;

Moved, "That an humble Address be presented to His Majesty, to beseech His Majesty to reflect on the manifold Distresses and Difficulties in which this Kingdom is involved, too deeply felt to stand in need of Enumeration:

To represent, that amidst the many and various Matters which require Reformation, and must undergo Correction, before this Country can rise superior to its powerful Enemies, the Waste of Public Treasure requires instant Remedy: That Profusion is not Vigour; and that it is become indispensably necessary to adopt that true Oeconomy which, by reforming all useless Expences, creates Confidence in Government, gives Energy to its Exertions, and provides the Means for their Continuance:

Humbly to submit to His Majesty, that a considerable Reduction of His Majesty's Civil List would be an Example well becoming His Majesty's paternal Affection for His People and His own Dignity; could not sail of diffusing its Influence through every Department of the State, and would add true Lustre to His Crown, from the grateful Feelings of a distressed People:

"To assure His Majesty, that this House will readily concur in promoting so desirable a Purpose; and that every one of its Members will chearfully submit to such Reduction of Emolument in any Office he may hold, as His Majesty in His Royal Wisdom may think proper to make."

Which being objected to;

After long Debate,

The Question was put thereupon?

It was resolved in the Negative.

Causes put off.

Ordered, That the Hearing of the Cause wherein Sir Lawrence Dundas Baronet is Appellant, and Patrick Honeyman of Græmsay and others are Respondents, which stands appointed for To-morrow, be put off to Friday next; and that the rest of the Causes be removed in Course.

Appeals left with clerk, 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 diem instantis Decembris, hora undecima Auroræ, Dominis sic decernentibus.

DIE Veneris, 10^o Decembris 1779.

Domini tam Spirituals quam Temporales præsentes fuerunt:

PRAYERS.

Sir L. Dundas against Honey man et al.

After hearing Counsel in Part, in the Cause wherein Sir Lawrence Dundas Baronet, is Appellant, and Patrick Honeyman, and others, are Respondents:

It is Ordered, That the further Hearing of the said Cause be put off to Monday next; and that the Cause which stands for Monday next be put off to Friday next; and that the rest of the Causes be removed in Course.

Dolphin against Packs.

Upon reading the Petition and Appeal of George Dolphin Esquire, complaining of Four Orders of the Court of Exchequer in Ireland, of the 9th and 16th of June, and 17th of July, and 8th of November 1779; and praying, That the same may be reversed and discharged, so far as the Petitioner's Interest is affected thereby; 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 Thomas Pack, Anthony Pack, Mary Pack, Jane Pack, Ann Pack, Samuel Pack and Percy Pack, all Infants by the Reverend Richard Pack, their Father and Guardian ; and the said Richard Pack and Mary Pack, otherwise Percy, his Wife, Executors of Jane Percy, Widow, deceased, may be required to answer the said Appeal:

It is Ordered, That the said Thomas Pack, 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 Friday the 14th Day of January next; and Service of this Order upon the said Respondents, or their Agents or Solicitors in the said Court of Exchequer in Ireland, shall be deemed good Service.

Atkyns against Atkyns et al.

Upon reading the Petition and Appeal of Edward Atkyns Esquire, complaining of an Order or Decree of the Court of Chancery, of the 28th of July1778, so far as the same orders the Judges Certificate to be confirmed; and praying, "That the same may be reversed or varied, 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 John Atkyns and Mary Atkyns, the Two surviving Children and Devisees of Edward Atkyns Esquire, lately deceased, and John Liotard, the surviving Devisee and Executor named in the Will of the said Edward Atkyns deceased; and the Reverend William Wright, the Uncle and Guardian of the said John Atkyns and Mary Atkyns, may be required to answer the said Appeal:"

It is Ordered, That the said John Atkyns, Mary Atkyns, John Liotard and the Reverend William Wright, 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 24th Day of this Instant December.

Graham to enter into Recognizance on said Appeal.

The House being moved, "That Thomas Graham of Lincoln's Inn, in the County of Middlesex, Gentleman, may be permitted to enter into a Recognizance for Edward Atkyns Esquire, on account of his Appeal depending in this House, he residing in the Country:"

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

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;" 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;" to which they desire the Concurrence of this House.

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 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 which they desire the Concurrence of this House.

Silk Bill.

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

With a Bill, intituled, " An Act for continuing an Act made in the last Session of Parliament, for allowing the Importation of fine organzined Italian thrown Silk, in any Ships or Vessels for a limited Time;" to which they desire the Concurrence of this House.

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

Woollen Goods exported, Account of delivered.

The Earl of Hillsborough (by His Majesty's Command) laid before the House,

"An Account of the Quantities of Woollen Goods of all Sorts, exported from that Part of Great Britain called England, from Christmas 1758 to Christmas 1771, and from Christmas 1776, to Christmas 1778, which is as far as the same can be made up, distinguishing the different Years, and what have been shipped from the Port of London separately, and what have been shipped from the Out Ports under one General Head; and for what Countries abroad the Entries have been made; and also an Estimate of the Value of such Woollen Goods as they stand in the Inspector General's Books."

And the Title there of being read by the Clerk;

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

Adjourn.

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