House of Lords Journal Volume 37: January 1784

January 1784

DIE Martis, 20^o Januarii, 1784.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Pincke and Thornycroft against Thornycroft et al.

The joint and several Answer of Edward Thornycroft Esquire, and others, to the Appeal of Alured Pincke Esquire, and Ann Thornycroft Spinster, was this Day brought in:

Robertsons against Henderson and Kempe.

As was also the Answer of Helen Henderson and George Kempe, her Husband, to the Appeal of Katharine Robertson, otherwise M^cLean, the Wife of John Robertson, of Edinburgh, Gentleman, and of the said John Robertson, for his Interest:

Stewart against Stewart.

And also the Answer of Anne Stewart, Widow, to the Appeal of Robert Stewart, of Gairth, Esquire.

Sir Edward Hughes's Answer to the Thanks of the House.

The Lord Chancellor acquainted the House, "That in pursuance of the Order of this House, of the 23d of December 1782, he had transmitted their Lordships' Resolution of that Day, giving the Thanks of the House to Vice-Admiral Sir Edward Hughes, Knight of the Most Honourable Order of the Bath, for the important Services performed by the Squadron under his Command, in the East Indies, on the 17th of February and 12th of April 1782: And that he had received a Letter from the said Sir Edward Hughes, dated Superb, in Madras Road, 1st of August 1783, in which he returns an Answer to the said Resolution."

The said Letter was read by the Clerk as follows; (videlicet)

My Lord,

I had the Honour to receive your Lordship's very obliging Letter, inclosing the Vote of Thanks of the Right Honourable House of Lords to me for the Services performed by His Majesty's Squadron under my Command: I esteem myself greatly obliged to your Lordship for the early Communication of the great Honour done me by the Lords Spiritual and Temporal, in their Approbation of the Services performed by His Majesty's Squadron in this Country, where every Wish of mine, as the Commander in Chief, has been fully seconded by the Zeal and Bravery of the Officers and Men serving with me.

I beg, My Lord, you will return my most hearty Thanks to the Right Honourable House of Lords for their obliging Acceptation of my Services; and as my Sense of the great Honour done me exceeds any Words I could express it in, I rely on your Lordship's Goodness for your kind Aid to convey to the Right Honourable House of Lords my warmest Sentiments of Gratitude for the condescending Approbation of my Services; and I have the Honour to be, with great Regard and Respect,

My Lord,

Your Lordship's most obedient,

And most humble Servant,

"Edward Hughes."

Judges Reports on Private Bills, Limitation of.

Ordered, That this House will not receive any Report from the Judges upon Petitions presented to this House for private Bills after Tuesday, the 6th Day of April next.

Ordered, That the said Order be affixed on the Doors of this House and Westminster Hall.

L. Camelford introduced:

Thomas Pitt Esquire, being by Letters Patent, bearing date the 5th Day of January, in the 24th Year of His present Majesty, created Baron Camelford, in the County of Cornwall, was (in his Robes) introduced between the Lord Rivers and the Lord Sydney (also in their Robes) the Gentleman Usher of the Black Rod and Clarencieux King at Arms preceding. His Lordship on his Knee presented his Patent to the Lord Chancellor at the Woolsack, who delivered it to the Clerk; and the same was read at the Table; his Writ of Summons was also read as follows; (videlicet)

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 Wellbeloved Thomas Pitt, of Boconnot, in Our County of Cornwall, Chevalier, Greeting. Whereas Our Parliament, for arduous and urgent Affairs concerning Us the State, and Defence of Our Kingdom of Great Britain and the Church, is now met at Our City of Westminster. We strictly enjoining, command you, under the Faith and Allegiance by which you are bound to Us, that considering the Difficulty of the said Affairs, and Dangers impending, all Excuses being laid aside, you be personally present at Our aforesaid Parliament, with Us and with the Prelates, Nobles, and Peers of Our said Kingdom, to treat of the aforesaid Affairs, and to give your Advice; and this you may in no wise omit, as you tender Us and Our Honour, and the Safety and Defence of the said Kingdom and Church, and the Dispatch of the said Affairs.

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

"Yorke."

Then his Lordship took the Oaths, and made and subscribed the Declaration; and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Pedigree delivered.

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

Nisbet's Divorce Bill.

The Lord Brownlow presented to the House (pursuant to an Order of Leave on the 2d of December last), a Bill, intituled, "An Act to dissolve the Marriage of Walter Nisbet Esquire, with Anne Blomberg, his now Wife, and to enable him to marry again, and for other Purposes therein mentioned."

The said Bill was read the First Time.

Ordered, That the said Bill be read a Second Time on Wednesday the 4th Day of February next; and that Notice thereof be affixed on the Doors of this House, and the Lords summoned; and that the said Walter Nisbet may be heard by his Counsel at the said Second Reading, to make out the Truth of the Allegations of the Bill; and that the said Anne Blomberg may have a Copy of the Bill, and that Notice be given her of the said second Reading, and that she be at Liberty to be heard by her Counsel what she may have to offer against the said Bill at the same Time.

Colquhoun against Corbet:

Upon reading the Petition and Appeal of John Colquhoun, Tenant in Gartcosh, complaining of Two Interlocutors of the Lords of Council and Session in Scotland, of the 2d of July and 4th of December 1783, and also of Two other Interlocutors of the said Lords, of the 20th of December 1783; 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 proper; and that John Corbet Esquire, of Tolcross, may be required to answer the said Appeal:"

It is Ordered, That the said John Corbet Esquire, may have a Copy of the said Appeal, and do put in his Answer thereunto in Writing, on or before Tuesday the 17th Day of February next; and Service of this Order upon the said Respondent, or any of his known Agents or Counsel 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 Buckingham-Street, York-Buildings, Gentleman, may be permitted to enter into a Recognizance for John Colquhoun, 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.

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

Irish Portage Bill.

With a Bill, intituled, "An Act for establishing certain Regulations concerning the Portage and Conveyance of Letters and Packets by the Post between Great Britain and Ireland;" 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 Mercurii, vicesimum primum diem instantis Januarii, horâ undecimâ Auroræ, Dominis sic decernentibus.

DIE Mercurii, 21^o Januarii 1784.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Bp. Landaff to preach on 30th January.

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

Irish Portage of Letters Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for establishing certain Regulations concerning the Portage and Conveyance of Letters and Packets by the Post between Great Britain and Ireland:"

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 on Friday next.

Adjourn.

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

DIE Jovis, 22^o Januarii 1784.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Carse against Colquhoun et al:

The House being informed, "That John Colquhoun and others, Respondents to the Appeal of James Carse Esquire, had not put in their Answer to the said Appeal, though duly served with the Order of this House for that Purpose:"

And thereupon an Affidavit of Robert Thomson, 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.

Carse's Petition to be set at Liberty, rejected.

Upon reading the Petition of James Carse the Younger, of Blackhouse Esquire, Appellant, in a Cause depending in this House, to which John Colquhoun and Others are Respondents; setting forth, "That the Respondents Colquhoun and Corbet, having submitted certain Disputes between them to the Decision of Robert Gray Esquire and the Petitioner, as Arbitrators, with Power to David Muir to decide as Oversman or Umpire, in case of the Arbitrators differing in Opinion, an Award or Decreet-arbitral was made by the Umpire upon the Ground of there being such a Difference, whereupon Mr. Colquhoun brought an Action in the Court of Session in Scotland, for setting aside the Award as improperly made by the Umpire, when infact the Arbitrators had not differed so as to authorize his Interference. That the Petitioner having been examined by the Court of Session upon Oath, deposed, That there was no such Difference in Opinion between him and his Colleague as entitled the Umpire to interfere, and the other Arbitrator, the Umpire, and the Person who acted as Clerk to the Submission, having deposed in contrary Terms, the Court made an Order for the Petitioner's appearing personally before them, and having heard him by his Counsel upon the Import of his Deposition by interlocutory Order, dated the 16th Day of December last, he was declared guilty of gross Prevarication and Concealment of the Truth upon Oath, and by a subsequent Interlocutor or Sentence, dated the 17th of the same Month, he was ordered to be committed Prisoner to the Tolbooth, or Common Jail of the City of Edinburgh, there to remain till the 14th Day of January 1784, and then to be set upon the Pillory for an Hour, with a Label upon his Breast, and afterwards dismissed; and the Sentence further declares the Petitioner infamous, and incapable thereafter of any public Trust, or of being a Witness in any Cause. That the Petitioner appealed to their Lordships from these interlocutory Orders of the Court of Session, and trusts that he will be able upon the Hearing to satisfy their Lordships that the Sentence is unjust and immoderately severe. He was not allowed to bring Proof in Exculpation which he offered, or to shew the Partiality of the Witnesses who contradicted him, as he could have done, and if he did err, it was Error in Judgment, the Questions put to him resolving into Matter of Opinion and of Law, whether there was such a Difference between him and the other Arbitrator as entitled the Umpire to interfere. The Petitioner is a young Man of respectable Family and Connections, the Son of a Gentleman of considerable Property, who must deeply feel the Disgrace which the Sentence inflicts. Under the Sentence the Petitioner is now in a loathsome Gaol, and must remain there till their Lordships' Judgement upon the Appeal, unless libeberated for a Time. He applied to the Court of Session for a temporary Liberation offering Bail, but his Petition was refused, upon an Idea that the Court could not interfere in any Shape pending the Appeal. He therefore makes this humble Application to their Lordships to be set at Liberty upon giving Bail to surrender himself if the Sentence shall be affirmed, or the Appeal dismissed; which he is ready to do, either to the Satisfaction of this Honourable House, or of the Court of Session." And therefore praying their Lordships "To order the Petitioner to be set at Liberty, upon his giving sufficient Bail to surrender himself to Prison to abide the Sentence, in case their Lordships, upon hearing of the Appeal, shall be of Opinion that he ought so to do, or to give him such other Relief as to their Lordships in their great Wisdom shall seem proper."

It is Ordered, That the said Petition be rejected.

Adjourn.

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

DIE Veneris, 23^o Januarii 1784.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

E. Orford takes the Oaths.

This Day George Earl of Orford took the Oaths, and made and subscribed the Declaration; and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Irish Portage of Letters Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for establishing certain Regulations concerning the Portage and Conveyance of Letters and Packets by the Post, between Great Britain and Ireland."

After some Time, the House was resumed:

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

Adjourn.

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

DIE Lunæ, 26^o Januarii 1784.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Hessian Troops, Message from His Majesty relative to:

The Lord Sydney acquainted the House, "That he had a Message from His Majesty under His Royal Sign Manual, which His Majesty had commanded to be delivered to their Lordships."

And the same was read by the Lord Chancellor, and is as follows; (videlicet)

GEORGE R.

His Majesty thinks it proper to acquaint the House of Lords, that the two last Divisions of Hessian Troops which were employed in America, in the Service of Great Britain, not having arrived in the Downs, the Place of their Rendezvous, until the setting in of the Frost in the River Weser, had made it impracticable for them to proceed immediately to the Place of their final Destination: His Majesty has found it unavoidably necessary to order the said Troops to be disembarked, and to be stationed in the Barracks at Hilsea, Dover, and Chatham, and at the same Time has given Directions, that they shall be re-embarked and sent Home as soon as the Weser is navigable, every necessary Preparation for that Purpose having by His Majesty's Orders been already made.

"G. R."

And the same having been again read by the Clerk:

Address thereupon.

Ordered, That an humble Address be presented to His Majesty, to return His Majesty the Thanks of this House, for the gracious Communication contained in His Majesty's Message to this House.

Ordered, That the said Address be presented to His Majesty by the Lords with white Staves.

Irish Portage of Letters Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for establishing certain Regulations concerning the Portage and Conveyance of Letters and Packets by the Post, between Great Britain and Ireland."

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

It was resolved in the Affirmative.

Message to the H. C. that the Lords have agreed to it.

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

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

Adjourn.

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

DIE Martis, 27^o Januarii 1784.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Nisbet's divorce Bill.

Ordered, That John Watson of Kirkby over Car, and Mr. (fn. 1) Ellick, Upholsterer of Wakefield, do attend this House on Wednesday the 4th Day of February next, in order to their being examined as Witnesses upon the Second Reading of the Bill, intituled, "An Act to dissolve the Marriage of Walter Nisbet Esquire, with Anne Blomberg his now Wife, and to enable him to marry again, and for other Purposes therein mentioned."

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, tricesimum diem instantis Januarii, horâ decimâ Auroræ, Dominis sic decernentibus.

DIE Veneris, 30^o Januarii 1784.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

King Charles's Martyrdom observed.

Then in order to solemnize this Day being appointed by Act of Parliament to be observed as a Day of Fasting and Humiliation for the Martyrdom of King Charles the First,

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, secundum diem Februarii jam prox. sequen. horâ undecima Auroræ, Dominis sic decernentibus.