House of Lords Journal Volume 37: February 1787 11-20

February 1787 11-20

DIE Lunæ, 12^o Februarii 1787.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

D. Queensberry et al. against Cullen.

The Answer of James Cullen to the Appeal of the Most Noble William Duke of Queensberry and others was this Day brought in.

Robertson against Inglis.

After hearing Counsel, in Part, in the Cause wherein Alexander Robertson Merchant in Portsoy is Appellant, and Helen Inglis is Respondent:

It is Ordered, That the further Hearing of the said Cause be put off to Wednesday next.

Lottery Regulation Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for amending and rendering more effectual the Laws now in Force for suppressing unlawful Lotteries."

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

It was resolved in the Affirmative.

Message to H. C. with Amendments to it.

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

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

Fraser against His Majesty's Advocate.

Upon reading the Petition of Archibald Fraser Esquire, Appellant in a Cause depending in this House, to which His Majesty's Advocate for Scotland is Respondent, which stands appointed for Hearing; setting forth, That the Appellant is desirous of having the Hearing of this Cause 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, the Agent for the said Respondent having signed the said Petition as consenting thereto:"

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

National Debt, Account respecting Reduction of, delivered.

The House being informed, "That Mr. Newland of the Bank of England, attended:"

He was called in, and delivered at the Bar, pursuant to the Directions of an Act of Parliament,

"An Account from the Bank of England of the Receipt and Expenditure of £500,555, in the First and Second Quarters, from August 2d 1786, to January 31st 1787, by the Commissioners for the Reduction of the National Debt."

Likewise "An Account of the Receipt of £254,110 to be applied in the Quarter between the 1st of February and 1st of May 1787."

And then he withdrew.

And the Title thereof, being read by the Clerk;

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

Sinclair against Baikie et al.

Upon reading the Petition of Arthur Sinclair, Appellant in a Cause depending in this House, and of Barbara Baikie and others, Respondents thereto, which stands appointed for Hearing; setting forth, "That both the Parties in this Cause are desirous of having the Assistance of their Scotch Counsel in arguing this Cause before their Lordships; but they cannot be in London till after the 12th of March next;" and therefore praying, That the Hearing of this Cause may be postponed till after those already appointed:"

It is Ordered, That the Hearing of the said Cause be put off till after all the Causes already appointed, as desired.

National Debt; Account of Commissioners for Reduction of, delivered.

The House being informed, "That Mr. Farhill, Secretary to the Commissioners appointed for the Reduction of the National Debt, attended:"

He was called in, and delivered at the Bar, pursuant to the Directions of an Act of Parliament,

The Accompt of the Commissioners appointed by Act of Parliament for applying certain Sums of Money annually to the Reduction of the National Debt."

And then he withdrew.

And the Title thereof 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 Martis, decimum tertium diem instantis Februarii, horâ undecimâ Auroræ, Dominis sic decernentibus.

DIE Martis, 13^o Februarii 1787.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

PRAYERS.

V. Hamilton and Ld. Douglas, Report from Committee respecting, to be received To-morrow.

The Lord Scarsdale reported from the Lords Committees for Privileges, appointed to consider of the Copies of the Patents creating James Earl of Abercorn Viscount Hamilton, and William Duke of Queensberry Baron Douglas, "That the Committee had met, and considered of the said Patents, and had come to Two Resolutions, which he was ready to report when the House will please to receive the same."

Ordered, That the said Report be received Tomorrow.

Adjourn.

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

DIE Mercurii, 14^o Februarii 1787.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Rose against Rose and another.

The Answer of James Rose and his Guardian, to the Appeal of Mrs. Elizabeth Rose, was this Day brought in.

Robertson against Inglis:

After hearing Counsel as well on Monday last as this Day, upon the Petition and Appeal of Alexander Robertson Merchant in Portsoy, in the County of Banff; complaining of Two Interlocutors of the Commissaries in Edinburgh, of the 23d of February and 13th of July 1785; and also of an Interlocutor of the Lords of Session there of the 3d of March 1786; and praying, "That the same might be reversed, varied, or amended, or that the Appellant might have such other Relief in the Premises as to this House, in their Lordships' great Wisdom, should seem meet;" as also upon the Answer of Helen Inglis Daughter of John Inglis of Portsoy, and Wife of Alexander Robertson Merchant in Portsoy, put in to the said Appeal, and due Consideration had of what was offered on either Side in this Cause:

Interlocutors affirmed.

It is Ordered and Adjudged, by the Lords Spiriritual and Temporal in Parliament assembled, That the said Petition and Appeal be and is hereby dismissed this House, and that the said Interlocutors therein complained of, be and the same are hereby affirmed.

Kello against Taylor.

After hearing Counsel, in Part, in the Cause wherein Agnes Kello is Appellant, and Patrick Taylor is Respondent:

It is Ordered, That the further Hearing of the said Cause be put off till To-morrow.

V. Hamilton and Ld. Douglas, Report from Committee relative to Patents of Creation.

The Lord Scarsdale (according to Order) reported from the Lords Committees for Privileges, appointed to consider of the Copies of the Patents creating James Earl of Abercorn Viscount Hamilton, and William Duke of Queensberry Baron Douglas, "That the Committee had met and considered of the said Patents, and had come to the following Resolutions; (videlicet)

"Resolved, That it is the Opinion of this Committee, That the Earl of Abercorn, who was chosen to be of the Number of Sixteen Peers who, by the Treaty of Union, are to represent the Peerage of Scotland in Parliament, having been created Viscount Hamilton by Letters Patent under the Great Seal of Great Britain, doth thereby cease to sit in this House as a Representative of the Peerage of Scotland."

"Resolved, That it is the Opinion of this Committee, That the Duke of Queensberry, who was chosen to be of the Number of Sixteen Peers who, by the Treaty of Union, are to represent the Peerage of Scotland in Parliament, having been created Baron Douglas by Letters Patent under the Great Seal of Great Britain, doth thereby cease to sit in this House as a Representative of the Peerage of Scotland."

Which Report, being read Twice by the Clerk, was agreed to by the House.

Resolved, by the Lords Spiritual and Temporal in Parliament assembled, That the Earl of Abercorn, who was chosen to be of the Number of Sixteen Peers who, by the Treaty of Union, are to represent the Peerage of Scotland in Parliament, having been created Viscount Hamilton by Letters Patent under the Great Seal of Great Britain, doth thereby cease to sit in this House as a Representative of the Peerage of Scotland."

Resolved, by the Lords Spiritual and Temporal in Parliament assembled, That the Duke of Queensberry, who was chosen to be of the Number of Sixteen Peers who, by the Treaty of Union, are to represent the Peerage of Scotland in Parliament, having been created Baron Douglas by Letters Patent under the Great Seal of Great Britain, doth thereby cease to sit in this House as a Representative of the Peerage of Scotland.

D. Queensberry et al. against Cullen.

The House being moved, "That a Day may be appointed for hearing the Cause wherein the most noble William Duke of Queensberry and others are Appellants, and James Cullen 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.

Rose against Rose and another.

The House being moved, "That a Day may be appointed for hearing the Cause wherein Mrs. Elizabeth Rose is Appellant, and James Rose and his Guardian are Respondents, et è contra:"

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.

Fawkener for a Divorce Bill:

Upon reading the Petition of William Fawkener of the Parish of Saint George Hanover Square in the County of Middlesex, Esquire; praying Leave to bring in a Bill, to dissolve his Marriage with Georgiana Ann Poyntz his now Wife, and to enable him to marry again:

It is Ordered, That Leave be given to bring in a Bill, according to the Prayer of the said Petition.

Bill presented.

Accordingly, the Marquis of Buckingham presented to the House a Bill, intituled, "An Act to dissolve the Marriage of William Fawkener Esquire with Georgiana Ann Poyntz 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 Thursday the 1st Day of March next, and that Notice thereof be affixed on the Doors of this House, and the Lords summoned; and that the said William Fawkener 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 Georgiana Ann Poyntz may have a Copy of the said 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.

Portugal, Accounts of Imports and Exports, &c. delivered.

The House being informed, "That Mr. Irving, from the Commissioners of the Customs, attended:"

He was called in, and delivered at the Bar, pursuant to an Order of the 8th and 9th of this Instant February,

No. 1. "An Account of the Value of the Imports and Exports to and from Great Britain and Portugal, from 1703 to 1760 inclusive, distinguishing each Year."

2. "Also, An Account of the Quantity and Value of British Manufacture and Produce exported from Great Britain to Portugal, between the 5th January 1761, and the 5th January 1787, distinguishing each Year, and the Species of Goods."

3. "Also, An Account of the Quantity and Value of the Imports from Portugal into Great Britain, from the 5th January 1761, to the 5th January 1787, distinguishing the several Articles and the Years."

4. "Also, An Account of the Quantity and Value of foreign Produce and Manufacture exported from Great Britain to Portugal between the 5th January 1761, and the 5th January 1787, distinguishing each Year and the Species of Goods."

5. "And also, An Account of the Coals exported from Great Britain to France, Holland, and Germany for the last Fifteen Years, distinguishing each Year."

And then he withdrew.

And the Titles thereof being read by the Clerk;

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

Adjourn.

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

DIE Jovis, 15^o Februarii 1787.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Kello against Taylor.

After hearing Counsel further in the Cause wherein Agnes Kello is Appellant, and Patrick Taylor is Respondent:

It is Ordered, That the further Hearing of the said Cause be put off till To-morrow.

Wackerbarths' Naturalization Bill.

A Message was brought from the House of Commons, by Sir Joseph Mawbey and others:

With a Bill, intituled, "An Act for naturalizing George Wackerbarth;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Bruce against Dundas.

Upon reading the Petition of James Bruce Esquire, Appellant in a Cause depending in this House, to which Thomas Dundas Esquire is Respondent, setting forth, "That the Petitioner brought his Appeal from a Decree of the Court of Session in Scotland last Year, and the same now stands appointed for Hearing, but there has, for some Time past, been a Treaty for compromising the Matter in Dispute between the Appellant and the Commissioners for the Respondent, who is in America, and they are desirous of having the Hearing of the said Appeal deferred on that Account;" and therefore praying their Lordships, That this Appeal may be ordered to stand next after those already set down for Hearing, the Agent for the said Respondent having signed the said Petition as consenting thereto:"

It is Ordered, That the Hearing of the said Cause be put off till after all the Causes already appointed, as desired.

Parker against Wells, in Error, Judges to attend.

Ordered, That the Judges do attend this House, on Friday the 23d Day of this Instant February, upon arguing the Errors assigned upon the Writ of Error, wherein John Dewye Parker Esquire is Plaintiff, and John Wells is Defendant.

Adjourn.

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

DIE Veneris, 16^o Februarii 1787.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Kello against Taylor.

After hearing Counsel, as well on Wednesday and Thursday last as this Day, upon the Petition and Appeal of Agnes Kello, Daughter of the deceased Andrew Kello, some time Tenant in Skirlingmill; complaining of Two Interlocutors of the Commissaries in Scotland, of the 28th of March and 18th of July 1785; also of an Interlocutor of the Lord Ordinary there of the 13th of December 1785; and also of an Interlocutor of the Lords of Session there of the 16th of February 1786; and praying, "That the same might be reversed, varied, or altered, or that the Appellant might have such other Relief in the Premises as to this House, in their Lordships' great Wisdom, should seem meet;" as also upon the Answer of Patrick Taylor in Bathgate put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Interlocutors reversed.

It is Declared, by the Lords Spiritual and Temporal in Parliament assembled, That the Two Letters insisted upon in this Process dated the 16th of February 1779, signed by the said Patrick Taylor and Agnes Kello respectively, and mutually exchanged, were not intended by either, or understood by the other, as a final Agreement, nor was it so intended or understood that they had thereby contracted the State of Matrimony, or the Relation of Husband and Wife at and from the Date thereof; on the contrary it was expressly agreed that the same should be delivered up, if the Purpose they were calculated to serve, proving unattainable, such Delivery should be demanded; which last mentioned Agreement is further proved by the whole and uniform subsequent Conduct of both Parties: Therefore it is hereby Ordered and Adjudged, That the said several Interlocutors complained of in the said Appeal be and the same are hereby reversed; and it is further ordered, That the Court of Session do remit the Cause to the Commissaries with Instructions to assoilzie from the Declarator of Marriage.

Lottery Regulation Bill.

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

With a Bill, intituled, "An Act to render more effectual the Laws now in being for suppressing unlawful Lotteries;" to which they desire the Concurrence of this House.

Marine Mutiny Bill.

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

With a Bill, intituled, "An Act for the Regulation of His Majesty's Marine Forces while on Shore;" to which they desire the Concurrence of this House.

New South Wales Judicature Bill.

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

With a Bill, intituled, "An Act to enable His Majesty to establish a Court of Criminal Judicature on the Eastern Coast of New South Wales and the Parts adjacent;" to which they desire the Concurrence of this House.

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

Causes put off.

Ordered, That the hearing of the Cause wherein William Thomson is Appellant, and Malcolm M^cMillan is Respondent, which stands appointed for this Day, be put off to Monday next, and that the Cause which stands for Monday next be put off to Wednesday next; and that the rest of the Causes be removed in Course.

Wackerbarth's Naturalization Bill:

Hodie 2^a vice lecta est Billa, intituled, "An Act for naturalizing George Wackerbarth."

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

Their Lordships, or any Five of them, to meet on Tuesday next, 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 Lunæ, decimum nonum diem instantis Februarii, horâ undecimâ Auroræ, Dominis sic decernentibus.

DIE Lunæ, 19^o Februarii 1787.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Rose and another against Rose.

The Answer of Mrs. Elizabeth Rose to the Cross Appeal of James Rose and his Guardian, was this Day brought in.

Thomson against M^cMillan:

After hearing Counsel this Day upon the Petition and Appeal of William Thomson, late Commander of the Ship Defiance Letter of Marque; complaining of Four Interlocutors of the Lord Ordinary in Scotland, of the 7th of July, and 1st, 18th, and 24th of December 1784; and also of Two Interlocutors of the Lords of Session there, of the 5th of March and 4th of August 1785; and praying, "That the same might be reversed, varied, or altered, or that the Interlocutors of the Judge Admiral of the 2d of January, 6th March, and 13th of July 1781; and 14th of February, 2d of April, 14th of May, and 8th of August 1783, might be affirmed, or that the Appellant might have such other Relief in the Premises as to this House in their Lordships' great Wisdom should seem meet;" as also upon the Answer of Malcolm M^cMillan Commander of the Glasgow, put in to the said Appeal, and due Consideration had of what was offered on either Side in this Cause:

Interlocutors affirmed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal be, and is hereby dismissed this House, and that the said several Interlocutors therein complained of be, and the same are hereby affirmed.

Lottery Regulation Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to render more effectual the Laws now in being for suppressing unlawful Lotteries."

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.

Marine Mutiny Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for the Regulation of His Majesty's Marine Forces while on Shore."

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.

New South Wales Judicature Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable His Majesty to establish a Court of Criminal Judicature on the Eastern Coast of New South Wales, and the Parts adjacent."

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.

Dedel's Naturalization Bill.

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

With a Bill, intituled, "An Act for naturalizing Solomon Dedel;" 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 Martis, vicesimum diem instantis Februarii, horâ undecimâ Auroræ, Dominis sic decernentibus.

DIE Martis, 20^o Februarii 1787.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Bolton et al. against Mansfield and Co. et al.

The Answer of Messieurs Mansfield, Ramsay and Company Bankers in Edinburgh and others, to the Appeal of Matthew Bolton Esquire and others, was this Day brought in.

Buchanans against Bart lets.

As was also the Answer of Lilias Bartlet and Frederick Benjamin Doyne Bartlet, Lieutenant in His Majesty's Service her Husband, to the Appeal of Jane Buchanan of Drumakiln, and James Buchanan of Catter, her Guardian.

Wackerbarth's Naturalization Bill.

The Lord Scarsdale reported from the Lords Committees, to whom the Bill, intituled, "An Act for naturalizing George Wackerbarth;" 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."

Dedel's Naturalization Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for naturalizing Solomon Dedel.

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

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

Buchanans against Bartlets.

The House being moved, "That a Day may be appointed for hearing the Cause wherein Jean Buchanan and James Buchanan her Guardian, are Appellants, and Lilias Bartlet and Frederick Benjamin Doyne Bartlet her Husband, are Respondents:"

It is Ordered, That this House will hear the said Cause by Council at the Bar, on the First vacant Day for Causes after those already appointed.

Bolton et al. against Mansfield and Co. et al.

The House being moved, "That a Day may be appointed for hearing the Cause wherein Matthew Bolton Esquire and others are Appellants, and Messieurs Mansfield, Ramsay and Company, Bankers in Edinburgh 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.

Parker against Wells, in Error.

Ordered, That the Hearing of the Errors assigned upon the Writ of Error, wherein John Dewye Parker Esquire is Plaintiff, and John Wells is Defendant, which stands appointed for Friday next, be put off to Friday the 27th Day of April next; and that the Judges do then attend.

Marine Mutiny Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for the Regulation of His Majesty's Marine Forces while on Shore."

After some Time, the House was resumed:

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

New South Wales Judicature Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to enable His Majesty to establish a Court of Criminal Judicature on the Eastern Coast of New South Wales and the Parts adjacent."

After some Time, the House was resumed:

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

Cracoe Enclosure Bill.

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

With a Bill, intituled, "An Act for dividing and enclosing several open Fields and Stinted Pastures within the Township of Cracoe in the Parish of Burnsall, in the West Riding of the County of York;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Causes put off.

Ordered, That the Hearing of the Cause, wherein Rawson Hart Boddam Esquire and others are Appellants, and John Ryley Clerk 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.

Lottery Regulation Bill, Petition against rejected.

Upon reading the Petition of the undersigned Persons, on Behalf of themselves and others, Purchasers and Holders of Lottery Tickets, taking Notice of a Bill depending in this House, intituled, "An Act to render more effectual the Laws now in being for suppressing unlawful Lotteries;" and praying, "Their Lordships will admit them to be heard by Counsel at the Bar of the House against the said Bill:"

It is Ordered, That the said Petition be rejected.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to render more effectual the Laws now in being for suppressing unlawful Lotteries."

After some Time, the House was resumed:

And the Lord Scarsdale 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 Jovis, vicesimum secundum diem instantis Februarii, horâ undecimâ Auroræ, Dominis sic decernentibus.