House of Lords Journal Volume 37: October 1785

October 1785

DIE Jovis, 27^o Octobris 1785.

Domini præsentes fuerunt:

PRAYERS.

Sturrock and Stewart against Porter and Ogilvie:

Upon reading the Petition and Appeal of Messieurs Sturrock and Stewart Merchants in Dundee, complaining of Two Interlocutors of the Lords Ordinary in Scotland of the 9th and 24th of December 1784, and also of Two Interlocutors of the Lords of Session there of the 16th of June, and 4th of August 1785; 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 Mr. William Porter of St. Petersburg Factor and Merchant, and Mr.Alexander Ogilvie Merchant in Leith, may be required to Answer the said Appeal:"

It is Ordered, That the said William Porter and Alexander Ogilvie may have a Copy of the said Appeal, and do put in their Answer, or respective Answers thereunto in Writing, on or before Thursday the 24th Day of November next; and Service of this Order upon the Counsel or Agents of the said Respondents in the Court of Session in Scotland shall be deemed good Service.

Spottiswoode to enter into Recognizance on said Appeal.

The House being moved, "That John Spottiswoode of Sackville Street Gentleman, may be permitted to enter into a Recognizance for Messieurs Sturrock and Stewart, Merchants in Dundee, on account of their Appeal depending in this House, they living in Scotland:"

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

Gordon against Tait:

Upon reading the Petition and Appeal of Alexander Gordon of Culvennan Esquire Advocate, complaining of Three Interlocutors of the Lord Ordinary in Scotland of the 24th of November, and 12th of December 1780, and 26th of January 1781; also of Two Interlocutors of the Lords of Session there of the 19th of June, and 6th of July 1782; also of Four other Interlocutors of the said Lord Ordinary of the 17th of June 1783, and 12th, 19th, and 28th of July 1785; and also of another Interlocutor of the said Lords of the 10th of August 1785; 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 John Tait Writer to the Signet may be required to Answer the said Appeal:"

It is Ordered, That the said John Tait may have a Copy of the said Appeal, and do put in his Answer thereunto in Writing, on or before Thursday the 24th Day of November 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.

Chalmer to enter into Recognizance on said Appeal.

The House being moved, "That James Chalmer of Buckingham Street, in the County of Middlesex, Gentleman, may be permitted to enter into a Recognizance for Alexander Gordon, of Culvennan Esquire Advocate, on Account of his Appeal depending in this House, he residing in Scotland:"

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

Ld. Rodney against Boldero et al.: Plaintiff's Petition to file Assignment of Errors, rejected:

Upon reading the Petition of the Right Honourable George Bridges Lord Rodney; setting forth, "That the Petitioner brought a Writ of Error returnable in their Lordships' House, in a Suit depending between Henry Boldero and others Plaintiffs, and the Petitioner Defendant upon a Judgement given in the Court of King's Bench: That the Record was delivered into this House on the 2d of August last, when the House adjourned to the 27th of October: That the Petitioner did not assign any Errors in the said Judgement conceiving that the same would be not received during the said Adjournment, and the Petitioner intends to prosecute the said Writ with Effect: That the Petitioner's Agent, upon bringing an Assignment of Errors to the Parliament Office, a Doubt has arisen whether the same could be received without their Lordships' Order for that Purpose;" and therefore praying, "That their Lordships will be pleased to permit the Petitioner to file his said Assignment of Errors to the said Writ and Judgement:"

It is Ordered, That the said Petition be rejected.

Writ of Error Nonpros'd with Costs.

Upon reading the Petition of Henry Boldero and others, Defendants in a Writ of Error, depending in this House, wherein George Brydges Lord Rodney 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:"

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.

The Lord Chancellor acquainted the House, That His Majesty had been pleased to issue a Commission under the Great Seal for proroguing of the 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 Archbishop of Canterbury on his Right Hand, and the Lord Sydney on his Left, commanded the Yeoman Usher of the Black Rod to let the Commons know, "The Lords Commissioners desire their immediate Attendance in this House, to hear the Commission read."

Who being come with their Speaker,

The Commission was read by the Clerk, as follows; (videlicet)

GEORGE R.

Commission for Proroguing the Parliament.

George the Third, by the Grace of God, of Great Britain, France, and Ireland King, Defender of the Faith, and so forth; to Our most dear Son and faithful Counsellor, George Prince of Wales, Our most dear Brothers and faithful Counsellors, William Duke of Gloucester, Henry Duke of Cumberland, the most Reverend Father in God, and Our faithful Counsellor, John Archbishop of Canterbury, Primate and Metropolitan of all England; Our well-beloved and faithful Counsellor, Edward Lord Thurlow, Our Chancellor of Great Britain; the most Reverend Father in God, and Our faithful Counsellor William Archbishop of York, Primate and Metropolitan of England; Our well-beloved and faithful Counsellor Charles Lord Camden, President of Our Council; Our most dear Cousins and Counsellors, Granville Earl Gower, Keeper of Our Privy Seal; James Duke of Chandos, Steward of Our Household; Edward Duke of Somerset, Charles Duke of Richmond, Augustus Henry Duke of Grafton, Harry Duke of Bolton, Thomas Duke of Leeds, George Duke of Marlborough, Charles Duke of Rutland, William Henry Duke of Portland, George Duke of Manchester, John Frederick Duke of Dorset, Henry Duke of Newcastle, Hugh Duke of Northumberland, George Duke of Montagu, George Marquis of Rockingham, William Marquis of Lansdown, James Earl of Salisbury, Chamberlain of Our Household; Edward Earl of Derby, Francis Earl of Huntingdon, Basil Earl of Denbigh, Philip Earl of Chesterfield, John Earl of Sandwich, Frederick Earl of Carlisle, George Bussy Earl of Jersey, George James Earl of Cholmondeley, Thomas Earl of Kinnoul, William Earl of Dartmouth, Charles Earl of Tankerville, He neage Earl of Aylesford, George Earl Waldegrave, John Earl of Ashburnham, Thomas Earl of Effingham, John Earl of Buckinghamshire, Francis Earl of Hertford, Charles Earl Cornwallis, Philip Earl of Hardwicke, Robert Earl of Northington, Henry Earl Bathurst, Wills Earl of Hillsborough, Thomas Earl of Ailesbury, Thomas Earl of Clarendon, William Earl of Mansfield, Our Chief Justice assigned to hold Pleas before Us; George Earl of Leicester, George Viscount Townshend, Thomas Viscount Weymouth, David Viscount Stormont, George Viscount Mount Edgcumbe and Valletort, Richard Viscount Howe, Augustus Viscount Keppel, the Right Reverend Father in God, and Our faithful Counsellor, Robert Lord Bishop of London; Our well-beloved and faithful Counsellors Francis Lord Osborne, One of Our Principal Secretaries of State; Thomas Lord Sydney, One other of Our Principal Secretaries of State; George Lord Onslow, William Lord Ponsonby, Thomas Lord Grantham, Thomas Lord Pelham, John Lord Cardiff, Jeffery Lord Amherst, Alexander Lord Loughborough, Chief Justice of Our Court of Common Pleas; Thomas Lord Walsingham, Fletcher Lord Grantley, and Henry Frederick Lord Carteret, Greeting: Whereas for certain arduous and urgent Affairs concerning Us, the State and Defence of Our Kingdom of Great Britain and the Church, We did order this Our present Parliament to begin and to be holden at Our City of Westminster, the Eighteenth Day of May, in the Twenty-Fourth Year of Our Reign, on which Day Our said Parliament was begun and held, and from thence continued by several Adjournments and Prorogations until and to Thursday the Twenty-seventh Day of this Instant October, at Our said City of Westminster, then there to be held and prosecuted: Know Ye nevertheless, that for certain urgent Causes and Considerations, Us especially moving, We have thought fit to prorogue Our said Parliament; therefore We considing very much in Your Fidelity, Prudence, and Circumspection, have by the Advice and Consent of Our Council, assigned You Our Commissioners, giving to You or to any Three or more of You, by Virtue of these Presents, full Power and Authority in Our Name to prorogue and continue Our said present Parliament at Our City of Westminster aforesaid, from the said Twenty-seventh Day of this Instant October, until and unto Thursday the First Day of December now next following, there then to be held and fit; and therefore We command You, that You diligently attend to the Premises, and effectually fulfil them in the Manner aforesaid: We also strictly command all and singular, Our Archbishops, Dukes, Marquisses, Earls, Viscounts, Bishops, Barons, Knights, Citizens, Burgesses, and Commissioners for Our Counties and Boroughs, and all others whom it concerns, to meet at Our said Parliament by Virtue of these Presents, that they observe, obey, and assist You, in executing the Premises, as they ought to do. In Witness whereof, We have caused these Our Letters to be made Patent.

Witness Ourself at Westminster, the Fourteenth Day of October, in the Twenty-fifth Year of Our Reign.

By the King Himself, signed with His own Hand.

"Yorke."

Then the Lord Chancellor said,

Parliament prorogued.

My Lords, and Gentlemen,

"In Obedience to His Majesty's Command, we do, in His Majesty's Name, prorogue this Parliament to Thursday the First Day of December next."