House of Lords Journal Volume 37: June 1784 1-10

June 1784 1-10

DIE Mercurii, 2^o Junii 1784.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Ld. Lovel and Holland takes the Oaths.

This Day John James Lord Lovel and Holland took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Sir R. Sutton et al. Leave for a Bill:

After reading and considering the Report of the Judges, to whom was referred the Petition of Sir Richard Sutton Baronet, on Behalf of himself and his infant Sons, and others, 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 for vesting certain parts of the settled Estates late of Sir Robert Sutton Knight, deceased, situate in the County of Lincoln, in Sir Richard Sutton Baronet, his Heirs and Assigns; and for vesting certain Lands and Hereditaments, the Estates of the said Sir Richard Sutton, situate in Bleazby and Southwell, in the County of Nottingham, in Lieu thereof, to the same Uses."

E. Derby, Leave for a Bill:

After reading and considering the Report of the Judges to whom was referred the Petition of Edward Earl of Derby, 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 for vesting part of the Estates late of the Right Honourable Edward Earl of Derby, deceased, in the several Counties of Warwick, Chester, and Cambridge, in the Right Honourable Edward, the present Earl of Derby, in Fee-Simple, and for settling an Estate of the said present Earl of Derby, in the County of Lancaster, of greater Value in Lieu thereof, and in Exchange for the same."

Bp. St. David's, Leave for a Bill:

After reading and considering the Report of the Judges, to whom was referred the Petition of the Right Reverend Edward Lord Bishop of St. David's, 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 for establishing and confirming a certain Exchange, agreed upon between the Lord Bishop of Saint David's, Rector of the Parish and Parish Church of Battesford, in the County of Gloucester, and Thomas Edwards Freeman Esquire, of certain Grounds and other Hereditaments within the said Parish."

E. Inchiquin against Fitzmaurice et al.

Upon reading the Petition and Appeal of the Right Honourable Morough O'Brien Earl of Inchiquin, in the Kingdom of Ireland; complaining of Part of a Decree of the Court of Chancery of the 3d of February 1784; and praying, "That the same, in so far as is complained of, 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 Thomas Fitzmaurice Esquire, and Lady Mary his Wife, and John Hamilton Fitzmaurice, may be required to answer the said Appeal:"

It is Ordered, That the said Thomas Fitzmaurice, and Lady Mary his Wife, and John Hamilton Fitzmaurice, may have a Copy of the said Appeal, and do put in their Answer or respective Answers thereunto in Writing, on or before Wednesday the 16th Day of this instant June.

Hutton against Wright:

Upon reading the Petition and Appeal of Alexander Hutton Shoemaker in Falkirk, complaining of Two Interlocutors of the Lords of Session in Scotland, of the 9th of December 1783 and 2d of March 1784; 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 just; and that William Wright, Writer in Stirling, may be required to answer the said Appeal:"

It is Ordered, That the said William Wright may have a Copy of the said Appeal, and do put in his Answer thereunto in Writing, on or before Wednesday the 30th Day of this Instant June; and Service of this Order upon the said Respondent, or upon his known Agents or Counsel in the Court of Session in Scotland, shall be deemed good Service.

Chalmer to enterinto Recognizance on said Appeal.

The House being moved, "That James Chalmer of Buckingham-Street Gentleman, may be permitted to enter into a Recognizance for Alexander Hutton, 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.

E. Lonsdale introduced:

Sir James Lowther of Lowther, in the County of Westmorland, Baronet, created by Patent, dated 24th May 1784, Baron Lowther of Lowther, in the County of Westmorland, and Baron of the Barony of Kendal in the said County, and Baron of the Barony of Burgh, in the County of Cumberland, Viscount of Lonsdale in the said County of Westmoreland, and County Palatine of Lancaster, and Viscount of Lowther in the said County of Westmoreland, and Earl of Lonsdale in the said County of Westmoreland, and County Palatine of Lancaster, to him and the Heirs Male of his Body, was (in his Robes) introduced between the Earl of Exeter and the Earl of Darlington (also in their Robes), the Gentleman Usher of the Black Rod, and Garter 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 right well-beloved Cousin James Earl of Lonsdale, 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 Dangersimpending, (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 wife 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 Twenty-fourth Day of May, 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; and was afterwards placed on the lower End of the Earls Bench.

Pedigree delivered.

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

Wright against Sir T. Burnet et al. Petition to put off the hearing, rejected.

A Petition of John Wright Writer in Edinburgh, Appellant in a Cause depending in this House, to which Sir Thomas Burnet Baronet, and others, are Respondents, was presented and read; setting forth, "That on Friday last, the Respondents presented a Petition to their Lordships," praying, "That this Cause might be heard on the 10th Day of this instant June;" That the Petitioner's Agent attended at that Time ready to have stated, if called upon, the Reasons why it is impossible for him to go to the hearing of this Cause so soon as the Day above-mentioned, but their Lordships, without calling the Agents to the Bar, were pleased to grant the Prayer of the Petition, and to order this Cause to be heard on the 10th Day of this instant June; That the Petitioner begs Leave humbly to represent to their Lordships, that as soon as Advice was given of an Intention in the Respondents to apply to their Lordships, to hear this Cause on an early Day out of its due Course, he immediately wrote to the Agent in Scotland to prepare Extracts of the Decree, and to transmit the necessary Papers to go to hearing of this Cause at their Lordships' Bar: That no Answer has yet been received, this being Vacation Time at Edinburgh, the Attorney in this Cause is most probably on the Circuit, or otherwise in the Country, but as the Court of Session meets on the 12th of this Month the necessary Papers may be procured soon after: That from the Appeal, this Cause appears to be of Importance to the Appellant: it states that his personal Estate being under a Process of Sale before the Court of Session, very erroneous and illegal Evidence has been admitted of the Rent and Value thereof, and that in Place of examining the Tenants upon Oath, and having Reference to the current Leases, the vague Opinions and ideal Values of speculative Persons has been received: That Part of his Estate, consisting of certain Houses in the City of Edinburgh, have been omitted out of the Process of Sale, that, if these had been included, the Estate could not have been declared Bankrupt or in solvent, and of course there would have been no Grounds for a Judicial Sale:" and therefore praying their Lordships, "That the hearing of this Cause may be delayed till Tuesday the 6th Day of July next:"

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

Ordered, That the said Petition be rejected.

Judges reports, Time limited for receiving.

Ordered, That this House will not receive any Report from the Judges, upon Petitions presented to this House for private Bills, after Wednesday the 16th Day of this instant June.

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

Fraseragainst Lord Advocate for Scotland.

Upon reading the Petition and Appeal of the Honourable Archibald Fraser of Lovat, complaining of an Interlocutor of the Lords of Session in Scotland, of the 21st of November 1750, (which is still open and subject to their Lordships' Review, the Decree not having been extracted till of late, and being likewise kept open by Minorities and otherwise,) 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 His Majesty's Advocate for Scotland, and the Officers of State in Behalf of the Crown, may be required to answer the said Appeal:"

It is Ordered, That His Majesty's Advocate for Scotland, and the Officers of State in Behalf of the Crown, may have a Copy of the said Appeal, and do put in their Answer or respective Answers thereunto in Writing, on or before Wednesday the 30th Day of this instant June; and Service of this Order upon the said Respondents, or upon any of their Counsel or Agents in the Court of Session in Scotland, shall be deemed good Service.

Adjourn.

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

DIE Martis, 8^o Junii 1784.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Lords take the Oaths.

This Day Robert Earl of Northington, and John Lord Bishop of Peterborough, took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Sir R. Sutton's Estate Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting certain Parts of the settled Estates late of Sir Robert Sutton Knight, deceased, situate in the County of Lincoln, in Sir Richard Sutton Baronet, his Heirs and Assigns, and for vesting certain Lands and Hereditaments, the Estate of the said Sir Richard Sutton, situate in Bleazby and Southwell, in the County of Nottingham, in Lieu thereof to the same Uses:"

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, the 24th Day of this Instant June, at Ten o'Clock in the Forenoon, in the Prince's Lodgings, near the House of Peers; and to adjourn as they please.

E. Derby's Estate Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting Part of the Estates late of the Right Honourable Edward Earl of Derby deceased, in the several Counties of Warwick, Chester, and Cambridge, in the Right Honourable Edward the present Earl of Derby, in Fee-Simple, and for settling an Estate of the said present Earl of Derby, in the County of Lancaster, of greater Value in Lieu thereof, and in Exchange for the same."

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

Their Lordships, or any Five of them, to meet on Wednesday, the 23d Instant, at the usual Time and Place; and to adjourn as they please.

Bp. St. David's Exchange Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for establishing and confirming a certain Exchange agreed upon, between the Lord Bishop of Saint David's, Rector of the Parish and Parish Church of Battesford, in the County of Gloucester, and Thomas Edwards Freeman Esquire, of certain Grounds and other Hereditaments within the said Parish."

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

Their Lordships, or any Five of them, to meet on the same Day, at the same Place; and to adjourn as they please.

Bowes et al. Petition referred to Judges.

Upon reading the Petition of Margaret Bowes of Carlton, in the County of York Spinster, Thomas Thoroton Lieutenant-Colonel in His Majesty's Coldstream Regiment of Guards, on Behalf of himself and of Ann his Wife, and the Reverend Robert Croft of the City of York Clerk, on Behalf of himself and of Elizabeth his Wife, and of Charles Croft and Robert Croft his Children by the said Elizabeth, both Instants under the Age of Four Years, 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. Justice Ashhurst, 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.

Davenport and Talbot, Leave for a Bill:

After reading and considering the Report of the Judges, to whom was referred the Petition of Martha Davenport Widow, and Thomas Mansel Talbot 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 for vesting Part of the Estate of John Talbot Esquire, deceased, in the County of Wilts, entailed by his Will in Trustees to be sold, and for applying the Monies, arising by such Sale, in discharging the Incumbrances affecting the same."

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

American Trade Bill.

With a Bill, intituled, "An Act for further continuing, for a limited Time, an Act made in the Twenty-third Year of the Reign of His present Majesty, intituled, "An Act for preventing certain Instruments from being required from Ships belonging to the United States of America, and to give to His Majesty, for a limited Time, certain Powers for the better carrying on Trade and Commerce between the Subjects of His Majesty's Dominions and the Inhabitants of the said United States;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Okill Leave for a Bill:

After reading and considering the Report of the Judges, to whom was referred the Petition of James Okill, of Little Woolton in the County of Lancaster, Gentleman; 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 for empowering the Trustees of the Will of John Okill deceased, to sell certain Leasehold Estates in Liverpool, in the County of Lancaster, in Preference to his Estates of Inheritance, for Payment of his Debts and Legacies, and for other Purposes therein mentioned."

Lingard et al. Petition referred to Judges.

Upon reading the Petition of John Lingard and John Hewitt, on Behalf of themselves and the other Creditors of Thomas Barlow, late of Barlow Hall, in the County of Lancaster, Esquire deceased, Humphry Barlow Brother of the said Thomas Barlow, Dorothea Barlow Spinster, Sister of the said Thomas Barlow, William Egerton Esquire, the Heir at Law and Devisee of Samuel Egerton (who was the acting Trustee and Executor of the said Thomas Barlow), and one of the Executors of the said Samuel Egerton, Sir Thomas Egerton Baronet, and John Crewe Esquire, the other Executors of the said Samuel Egerton, and also of James Tomkinson and Henry Tomkinson the Devisees of the Trust and mortgaged Estates of the said Samuel Egerton; 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 Mr. Justice Ashhurst, and Mr. Baron Ferryn, 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.

The Lord Osborne (by His Majesty's command) presented to the House,

Treaty between His Majesty and the States General delivered.

"Copy of the Definitive Treaty of Peace between His Majesty, and the States General of the United Provinces, signed at Paris the 20th of May 1784, and Translation:"

And the Title thereof being read by the Clerk;

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

Grey de Wilton et al. Petition referred to Judges.

Upon reading the Petition of the Right Honourable Thomas Lord Grey de Wilton, John Crewe Esquire, and William Egerton Esquire, 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 Mr. Justice Nares, and Mr. Baron Perryn, 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.

Wright against Sir Thomas Burnet et al:

A Petition of John Wright Writer in Edinburgh, Appellant in a Cause depending in this House, to which Sir Thomas Burnet Baronet and others are Respondents, was presented and read, setting forth, "That this Cause having been set down to be heard on an early Bye-Day, out of its ordinary Course, there has been no Time or Opportunity of getting the Appellant's Papers and Exhibits in the Cause, transmitted from Scotland, or of consulting and advising with the Appellant or his Counsel in the Court below: That the Papers furnished by the Respondents" Agent were totally inadequate for the Purpose of preparing the Appellant's Case, as they consisted only of the Exhibits on their own Part, and an Extract of a Part of the Proceedings: That under these Circumstances, the Petitioner is under the Necessity of making this Application to their Lordships; and therefore praying, that he may be at Liberty to withdraw his said Appeal."

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

Appeal withdrawn with Costs.

Ordered, That the Petitioner be at Liberty to withdraw his said Appeal as desired, upon Payment of £40 Costs to the Respondents.

List of Pensions delivered.

The House being informed, "That Mr. Cotton from the Treasury attended:"

He was called in, and delivered at the Bar;

A List of Pensions, together with the Names of the Persons to whom the same are granted, since the 24th of November 1783, (being the Date of the last Return,) made out pursuant to the Directions of an Act passed in the 22d Year of the Reign of His present Majesty, intituled, "An Act for enabling His Majesty to discharge the Debt, contracted upon His Civil List Revenues, and for preventing the same from being in Arrear for the future, by regulating the Mode of Payments out of the said Revenues, and by suppressing or regulating certain Offices therein mentioned, which are now paid out of the Revenues of the Civil List."

And then he withdrew;

And the Title thereof being read by the Clerk;

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

Lords summoned.

Ordered, That all the Lords be summoned to attend the Service of the House on Monday next.

Adjourn.

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

DIE Jovis, 10^o Junii 1784.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Talbot's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting Part of the Estate of John Talbot Esquire, deceased, in the County of Wilts, entailed by his Will in Trustees to be sold; and for applying the Monies arising by such Sale, in discharging the Incumbrances affecting the same."

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

Their Lordships, or any Five of them, to meet on Friday the 25th Day of this Instant June, at Ten o'Clock in the Forenoon, in the Prince's Lodgings, near the House of Peers; and to adjourn as they please.

American Trade Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for further continuing for a limited Time, an Act made in the Twenty-third Year of the Reign of His present Majesty, intituled, "An Act for preventing certain Instruments from being required from Ships belonging to the United States of America, and to give to His Majesty for a limited Time, certain Powers for the better carrying on Trade and Commerce, between the Subjects of His Majesty's Dominions, and the Inhabitants of the said United States."

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.

Okill's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for empowering the Trustees of the Will of John Okill, deceased, to sell certain Leasehold Estates in Liverpool in the County of Lancaster, in preference to his Estates of Inheritance, for Payment of his Debts and Legacies, and for other Purposes therein-mentioned."

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

Their Lordships, or any Five of them, to meet on Friday, the 25th Day of this Instant June, at the usual Time and Place; and to adjourn as they please.

Lords take the Oaths.

This Day Samuel Lord Bishop of Gloucester, Joseph Lord Milton, and Thomas Lord Ducie took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Foleys's against Grant et al.

Ordered, That the Hearing of the Cause, wherein the Honourable Andrew Foley and Thomas Foley are Appellants, and John Grant and others are Respondents, which stands appointed for To-morrow, be put off to Tuesday the 22d Day of this Instant June.

Ld Milton's Petition referred to Judges.

Upon reading the Petition of the Right Honourable Joseph Lord Milton, 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 Mr. Justice Ashhurst 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.

Adjourn.

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