House of Lords Journal Volume 39: March 1792 11-20

March 1792 11-20

DIE Lunæ, 12^o Martii 1792.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Stone Poor Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for providing a Workhouse for the Reception of the Poor of the Parish of Stone, in the County of Stafford, and for regulating and employing the Poor therein."

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

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

Hentig's and Andersons Naturalization Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for naturalizing John William Hentig, and Jacob Anderson."

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.

Gourgas and Soret's Naturalization Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for naturalizing John Mark Gourgas, and James Soret."

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.

Doxat and Brandt Naturalization Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for naturalizing John Alphonso Doxat, and Charles Frederick Brandt."

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.

Schroder's Naturalization Bill.

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

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.

Walker's Naturalization Bill.

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

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.

Auckland Road Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for altering, raising, widening, repairing, and preserving the Road leading from the North End of the Turnpike Road called the Coal Road, near West Auckland, in the County of Durham, to the Elsdon Turnpike Road at or near Elishaw, in the County of Northumberland; and for erecting, building, and making necessary and convenient Bridges, Mounts, and Batteries upon 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 the same Day, at the same Place; and to adjourn as they please.

Ordered, That all the Lords who have been or shall be present this Session, and are not named of the Committee, to whom the last mentioned Bills stand committed, be added to the said Committee.

Raybould's Divorce Bill.

Ordered, That Samuel Whiley do attend this House on Wednesday next, in order to his being examined as a Witness upon the Second Reading of the Bill, intituled, An Act to Dissolve the Marriage of William Raybould with Joannah Pearsall his now Wife, and to enable him to marry again, and for other Purposes therein mentioned."

Lords summoned.

Ordered, That all the Lords be summoned to attend the Service of the House, on Tuesday the 20th Day of this instant March.

Beckett to take the Name of Turner, Bill.

Ordered, That the Committee, to whom the Bill, intituled, "An Act to enable Gilbert Trowe Beckett Esquire, and his Issue Male, to take the Name, and bear the Arms of Turner, pursuant to the Will of Martha Turner Widow, deceased," stands committed, be revived and meet on Wednesday next.

Horsham Roads Bill.

Ordered, That the Committee to whom the Bill, intituled, "An Act for enlarging the Term and altering the Powers of an Act made in the Eleventh Year of His present Majesty's Reign, for repairing and widening the Roads from Hand Cross to Corner House, and from thence to the Turnpike Road leading from Horsham to Steyning, and from Corner House aforesaid, to the Maypole in the Town of Henfield, in the County of Sussex; and also for keeping in Repair a certain Branch of Road leading from the Direction Post near a certain Place called the Crab Tree, in the Parish of Beding, otherwise Seal, through the Parishes of Nuthurst and Horsham, to the Town of Horsham, in the said County," stands committed, be revived, and meet on Wednesday next.

Avebury Enclosure Bill.

Ordered, That the Committee, to whom the Bill, intituled, "An Act for dividing and allotting several Open and Common Lands and Grounds, within the Parish of Avebury, in the County of Wilts," stands committed, be revived, and meet on Wednesday next.

Cherrill Road Bill.

Ordered, That the Committee to whom the Bill, intituled, "An Act for continuing the Term and altering and enlarging the Powers of an Act of the Thirteenth Year of His present Majesty, for repairing the Road from Cherrill through Calne to Studley Bridge, and from Cherrill to the Three Mile Burrough at the Top of Cherrill Hill, in the County of Wilts; and for more effectually amending the Turnpike Road from Chittoe Heath to the Town of Calne," stands committed, be revived, and meet on Wednesday next.

Upton Road Bill.

Ordered, That the Committee, to whom the Bill, intituled, "An Act for enlarging the Term of an Act of the Tenth Year of His present Majesty's Reign, for repairing and widening the Road from Upton, in the Parish of Ratley, to the North End of Bridge Street, in the Town of Great Kington, and from thence to the Guide Post at the Town of Wellesbourne Hastings, in the County of Warwick," stands committed, be revived, and meet on Thursday next.

Ordered, That all the Lords who have been or shall be present this Session, and are not named of the Committee, to whom the last-mentioned Bills stand committed, be added to the said Committee.

Hog against Hog and Lashley.

Upon reading the Petition of Thomas Hog Esquire, Appellant in a Cause depending in this House, and of Rebecca Hog, otherwise Lashley, and Thomas Lashley Esquire, her Husband, Respondents thereto; setting forth, "That the Respondents having put in their Answer to the Appeal;" the Petitioners humbly pray Their Lordships, "To appoint the said Cause to be heard on Wednesday the 18th of April next, or on such other Day as Their Lordships may please to appoint:"

It is Ordered, That this House will hear the said Cause by Counsel at the Bar, on Wednesday the 18th Day of April next, as desired.

Adjourn.

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

DIE Mercurii, 14^o Martii 1792.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Gordon against Gordon et al.

The Answer of Robert Home Gordon of Embo, Esquire, and others, to the Appeal of Captain Gordon Clunes of Whitehill, was this Day brought in.

Sutherland against Gordon et al.

As was also, the Answer of Robert Home Gordon of Embo, Esquire, and others, to the Appeal of Captain Alexander Sutherland, late of the Seventy-first Regiment.

Duff against Henderson and Young.

Also, the Answer of Janet Henderson, otherwise Young, and James Young, her Husband, to the Appeal of Archibald Duff of Bilboa Hall, late Sheriff Clerk of Elgin.

Mathison against Gordon et al.

Also, the Answer of Robert Home Gordon of Embo, Esquire, and others, to the Appeal of Captain Donald Mathison of Skiness.

Mackenzie against Gordon et al.

Also, the Answer of Robert Home Gordon of Embo, Esquire, and others, to the Appeal of Alexander Mackenzie, Writer to His Majesty's Signet.

Rutherfurd against Paterson.

Also, the Answer of Philip Anstruther Paterson Esquire, to the Appeal of John Rutherfurd Esquire.

Balfour et al. against Scott et al.

Also, the Answer of Miss Henrietta Scott, and her Guardians, to the Appeal of David Hay Balfour of Leys, and his Guardians, and of Lucy Moncrieff Widow.

Simpson against Kerr et al.

And also, the Answer of Mrs. Henrietta Anne Kerr and others, to the Appeal of William Simpson Esquire of Viewfield.

Jameson et al. against Russell et al.

The House being moved, "That a Day may be appointed for hearing the Cause werein John Jameson and others are Appellants, and John Russell 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.

Upon reading the Petition of John Jameson and others, Appellants in a Cause depending in this House, and of John Russell Esquire, and others, Respondents thereto; setting forth, "That the Parties are desirous that the Cause should be heard on an early Day when they can both be ready;" and therefore praying, "That Their Lordships will be pleased to appoint the said Cause to be heard on Monday the 26th Day of March instant, or on such other Day as Their Lordships shall think proper:"

It is Ordered, That this House will hear the said Cause by Counsel at the Bar on Monday the 26th Day of this instant March, as desired.

Lords summoned.

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

Duff against Henderson and Husband

The House being moved, "That a Day may be appointed for hearing the Cause wherein Archibald Duff Esquire is Appellant, and Janet Henderson and Husband 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.

Upon reading the Petition of Archibald Duff Esquire, Appellant in a Cause depending in this House, and of Janet Henderson and Husband Respondents thereto; setting forth, "That the Parties are desirous that the Cause should be heard upon an early Day after the Easter Recess;" and therefore praying, "That Their Lordships will be pleased to appoint the said Cause to be heard on Friday the 20th Day of April next, or on such other Day as Their Lordships think proper:"

It is Ordered, That this House will hear the said Cause, by Counsel at the Bar, on Friday the 20th Day of April next, as desired.

Balfour et al. against Scott et al.

The House being moved, "That a Day may be appointed for hearing the Cause wherein David Hay Balfour Esquire and others are Appellants, and Henrietta Scott 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.

Upon reading the Petition of David Hay Balfour Esquire and others, Appellants in a Cause depending in this House, and of Henrietta Scott and others, Respondents thereto; setting forth, "That the Parties are desirous that the Cause should be heard upon an early Day after the Easter Recess;" and therefore praying, That Their Lordships will be pleased to appoint the said Cause to be heard on Monday the 23d Day of April next, or on such other Day as Their Lordships think proper:"

It is Ordered, That this House will hear the said Cause, by Counsel at the Bar, on Monday the 23d Day of April next, as desired.

Croscombe, &c. Enclosure Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for dividing and enclosing certain Commons or Waste Lands, being Parts of Mendip, Lyatt, and Dinder Hill, within the Parishes of Croscombe and Dinder, in the County of Somerset."

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

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

Larking's Divorce Bill.

The Order of the Day being read for the further Consideration of the Bill, intituled, "An Act to dissolve the Marriage of John Larking Esquire with Elizabeth Marcon, his now Wife, and to enable him to marry again; and for other Purposes therein mentioned:"

The Agent for Mr. Larking was called in, and being sworn, informed the House, "That Mrs. Grace Smith, who was present at the Marriage of Mr. Larking with Elizabeth Marcon, his Wife, and who was prevented by Illness from appearing on Wednesday last, was attending without."

She was ordered to be called in.

Accordingly, Mrs. Grace Smith was called in, and being sworn, acquainted the House, "That she was present at the Marriage of Mr. Larking with Elizabeth Marcon, heard the Ceremony performed, and was a subscribing Witness to the Register of the Marriage."

She was directed to withdraw.

The Agent was directed to withdraw.

Then the said Bill was read a Second Time.

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.

Writs of Mandamus, &c. Bill respecting.

Ordered, That the Bill, intituled, "An Act to explain and amend an Act made in the Ninth Year of the Reign of Queen Anne, intituled, "An Act for rendering the Proceedings upon Writs of Mandamus, and Informations in the Nature of a Quo Warranto, more speedy and effectual, and for the more easy trying and determining the Rights of Offices and Franchises in Corporations and Boroughs," be read a Second Time on Tuesday next; and that the Lords be summoned.

Rayboulds Divorce Bill.

The Order of the Day being read for the further Consideration of the Bill, intituled, "An Act to dissolve the Marriage of William Raybould with Joannah Pearsall, his now Wife, and to enable him to marry again; and for other Purposes therein mentioned:"

Counsel was called in.

And Mr. Cooke, appearing as Counsel for Mr. Raybould, desired Mr. Joseph Dunwell Michell might be called in.

Accordingly, Joseph Dunwell Michell was called in, and being sworn, acquainted the House, "That on the 13th of February last he served Mrs. Raybould with a Copy of the Order of this House, of the 9th of February last, for the Second Reading of the Bill, and also with a Copy of the Bill; and that he knows the Person he so served to be Mrs. Raybould, from her being pointed out to him Yesterday by a Mr. Wiley and a Mr. Anson."

Then Thomas Anson was called in; and being sworn, acquainted the House, "That he knows Mr. and Mrs. Raybould very well; that he lived as Servant with Mr. Raybould before and after his Marriage, in the whole about Sixteen Years." Being asked, "Whether he Yesterday pointed out Mrs. Raybould to the Witness, Joseph Dunwell Michell?" he said "Yes."

The Witnesses were directed to withdraw.

Then Mr. John Pearsall was called in; and being sworn, acquainted the House, "That he is the Brother of Mrs. Raybould, and that he was present at her Marrriage with Mr. Raybould."

He was directed to withdraw.

Then Mr. James Hammond was called in; and being sworn, produced a Copy of an Entry in the Marriage Register of the Parish of Clent and Rowley Regis, in the County of Stafford, which he informed the House, "He had compared with the Original, and that it was a true Copy."

The same was read, and is as follows:

No. 103. William Raybould, of (the) Parish of Rowley Batchelor, and Joannah Pearsall, of (the) same, Spinster, were married in (this Church) by (Banns) this Thirteenth Day of September, in the Year One thousand seven hundred and sixty-nine—by me,

"J. Perry, Vicar."

"The above is a true Extract of the Parish Register of Clent and Rowley Regis, in the County of Stafford, examined this 7th Day of March 1792, by us,

Lyttleton Perry, Vicar of Clent and Rowley Regis.

"James Hammond."

He was directed to withdraw.

Then Mr. Henry Stevens was called in, and being sworn, produced the Original Definitive Sentence of Divorce in the Arches Court of Canterbury, against Joannah Pearsall for Adultery committed by her, dated the 8th of December 1789; the same was read.

He was directed to withdraw.

Then Thomas Kirk was called in, and being sworn, acquainted the House, "That he was a Waiter at the Turk's Head Bagnio, Charing Cross, in April 1784; that he knows Mrs. Raybould." Being asked, "How he knew her?" he said, "Personally; that she and Mr. Raybould lived next Door to the Turk's Head; that he himself lived in the Neighbourhood Six or Seven Years before he was Waiter at the Hotel, and knew her by frequently passing by the Door; that after he was a Waiter there she came several Times to the Hotel with Gentlemen." Being asked, "If she staid all Night with them?" he said, "Sometimes she did, and sometimes not." Being asked, "If they slept together?" he said, "he could not say whether they slept, but they were in Bed together." Being asked, "When he first saw her come to the Turk's Head, and how often she came there?" he said, "He went there in April 1784, and left it in the Month of October following; that she came there several times, once or twice a Week for several Months; the first Time he believed was in May 1784, he could not say on what Day of the Month." Being asked, "If he knew the Gentleman who came with her?" he said, "No, so many were coming in and out it was impossible to identify any one." Being asked, "When he first discovered that he had seen Mrs. Raybould there?" he said, "That about Three Years after, sometime in the Year 1787 a Servant of Mr. Raybould's came to him at the Malborough Tavern, Green Walk, Christ Church, to enquire whether he had seen such a Person at the Turk's Head, and that he told him he had, that he knew her personally very well."

He was directed to withdraw.

Then it being moved, "That Mr. Clarkson, who had acted as Proctor for Mrs. Raybould in the Ecclesiastical Court, might be called in."

The same was agreed to, and ordered accordingly.

Whereupon, Mr. Clarkson was called in, and being sworn, was examined as follows;

Q. "You were Proctor for Mrs. Raybould in the Commons?"

A. "I was."

Q. "What was the Defence?"

A. "An Allegation was given on her behalf recriminating, but that Allegation was rejected by the Court; and afterwards the Cause was appealed, when it was attempted to be brought before the Court again, but the Judge thought proper to reject it; and in that Way the Cause was heard."

Q. "You know her Situation now?"

A. "I do."

Q. "Have you seen her lately?"

A. "I saw her last Saturday."

Q. "It is suggested that she wishes to be heard?"

A. "She is unable to be heard by Counsel, as she is poor and distressed; there was an Annuity of £20 a year granted by the Husband, and secured to her by Deed."

Q. "Whether you understand from her that she is desirous to be heard, provided she can be supported in the Article of being heard?"

A. "Most clearly."

Q. "Did you not know that the proper Manner for her to proceed, was to present a Petition?"

A. "I should have presented a Petition, but I left her at my House on Saturday, when I went to Mr. Dean and Bush to consult with them about her; the Answer they gave me was, that I should do the best I could for her, but upon my Return Home she was gone. I have sent to her several Times since without being able to find her out, and I attended To-day to prevent her being prejudiced."

Q. "Whether she has any Thing to alledge here which she would wish to alledge, if she was able to do it?"

A. "There is no Doubt about it."

Q. "Why not, for you say you don't know where she is?"

A. "Because she had applied to me for that Purpose."

He was directed to withdraw.

Then Mr. Edward Hall, a Surgeon and Apothecary, was called in, and being sworn, acquainted the House, "That he attended Mrs. Raybould in the Year 1784." Being asked, "What her Disorder was?" he said, "A venereal Complaint."

He was directed to withdraw.

Then Thomas Kirk was again called in, and being asked, "If the Gentleman who came with Mrs. Raybould to the Turk's Head, was her Husband?" said, "No." Being asked, "How he knew they were in Bed together?" he said, "By opening the Door to give them an Answer to any Thing they called for." Being asked, "If he did go into the Room and see them in Bed together?" he said, "Yes, frequently."

He was directed to withdraw.

The Counsel was directed to withdraw.

Then the said Bill was read a Second Time.

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.

The House being informed, "That Mr. Cawne from the Mercers' Company attended:"

He was was called in, and delivered at the Bar, pursuant to Acts of Parliament,

Mercer's Companys Accounts delivered.

"The Accounts of the Wardens and Commonalty of the Mystery of Mercers of the City of London, from the 10th of October 1790, to the 10th of October 1791, directed to be laid before each House of Parliament by two Acts, one of the Twenty-first Year of the Reign of His late Majesty King George the Second, intituled, "An Act for the Relief of the Annuitants of the Wardens and Commonalty of the Mystery of Mercers of the City of London;" and the other of the Fourth Year of the Reign of His present Majesty King George the Third, intituled, An Act for the Relief of the Bond and other Cre ditors of the Wardens and Commonalty of the Mystery of Mercers of the City of London."

And then he withdrew.

And the Title thereof being read by the Clerk:

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

Walker's Naturalization Bill.

The Lord Scarsdale reported from the Lords Committees, to whom the Bill, intituled, "An Act for naturalizing Richard Walker," 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."

Beckett to take the Name of Turner, Bill.

The Lord Scarsdale made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act to enable Gilbert Trowe Beckett Esquire, and his Issue Male, to take the Name and bear the Arms of Turner, pursuant to the Will of Martha Turner, Widow deceased," was committed.

Doxat and Brandt's Naturalization Bill.

The Lord Scarsdale made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for naturalizing John Alphonso Doxat, and Charles Frederick Brandt," was committed.

Hentig and Anderson's Naturalization Bill.

The Lord Scarsdale made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for naturalizing John William Hentig, and Jacob Anderson," was committed.

Gourgas and Soret's Naturalization Bill.

The Lord Scarsdale made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for naturalizing John Mark Gourgas and James Soret," was committed.

Auckland Road Bill.

The Lord Scarsdale made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for altering, raising, widening, repairing, and preserving the Road leading from the North End of the Turnpike Road called the Coal Road, near West Auckland, in the County of Durham, to the Elsdon Turnpike Road at or near Elishaw, in the County of Northumberland; and for erecting, building, and making necessary and convenient Bridges, Mounts, and Batteries upon the same," was committed.

Cherrill Road Bill.

The Lord Scarsdale made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for continuing the Term, and altering and enlarging the Powers of an Act of the Thirteenth Year of His present Majesty, for repairing the Road from Cherrill, through Calne, to Studley Bridge, and from Cherrill to the Three Mile Borough, at the Top of Cherrill Hill, in the County of Wilts; and for more effectually amending the Turnpike Road from Chittoe Heath to the Town of Calne," was committed.

Stone, Poor Bill.

The Lord Scarsdale made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for providing a Workhouse for the Reception of the Poor of the Parish of Stone, in the County of Stafford, and for regulating and employing the Poor therein," was committed.

Avebury Enclosure Bill.

The Lord Scarsdale also reported from the Lords Committee, to whom the Bill, intituled, "An Act for dividing and allotting several Open and Common Lands and Grounds within the Parish of Avebury, in the County of Wilts," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents, to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

E. Wemyss against Sir A. Hope.

Upon reading the Petition and Appeal of Francis Charteris, Earl of Wemyss; complaining of two Interlocutors of the Lord Ordinary in Scotland, of the 27th February and 1st of March 1790; also of an Interlocutor of the Lords of Session there, of the 27th of May 1790; and also of another Interlocutor of the said Lord Ordinary, of the 9th March 1792; 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 meet; and that Sir Archibald Hope, of Craighall, Baronet, may be required to answer the said Appeal:"

It is Ordered, That the said Sir Archibald Hope may have a Copy of the said Appeal, and do put in his Answer thereunto in Writing on or before Wednesday the 11th Day of April next; and service of this Order upon any of the Counsel or Agents of the said Respondent, in the Court of Session in Scotland, shall be deemed good service.

Duguids against M^cLeish and Company.

Upon reading the Petition and Appeal of John and William Duguid, Merchants in Glasgow; complaining of an Interlocutor of the Lords of Session in Scotland, of the 2d Day of March 1792; 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 Adam M^cLeish and Company may be required to answer the said Appeal:"

It is Ordered, That the said Adam M^cLeish and Company 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 11th Day of April next; and Service of this Order upon the said Respondents, or upon any of their known Counsel or Agents of the said Respondents, 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 Jovis, decimum quintum diem instantis Martii, horâ undecimâ Auroræ, Dominis sic decernentibus.

DIE Jovis, 15^o Martii 1792.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

York Buildings' Company against Nunes et al.

The Answer of Isaac Roderigues Nunes, and others, to the Appeal of the Governor and Company of Undertakers for raising Thames Water in York Buildings, was this Day brought in.

M^cMath against M^cKellars.

As was also, the Answer of John and Neil M^cKellars, Sons of the deceased Colonel Patrick M^cKellar, to the Appeal of Donald M^cMath, Merchant in Inverary.

Gardner against Fullerton's Representatives.

And also, the Answer of the Representatives of the deceased George Fullerton Esquire, late Collector of the Customs at Leith, and others, to the Appeal of Ebenezer Gardner, Merchant in Edinburgh.

Blackburne's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting a Leasehold Estate, late of John Blackburne Esquire, deceased, in Trustees, to be sold, and for applying the Money arising therefrom in the Manner therein mentioned."

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 30th Day of this instant March, at Ten o'Clock in the Forenoon, in the Prince's Lodgings, near the House of Peers; and to adjourn as they please.

Election of Peers for Scotland, Petition respecting.

Upon reading the Petition of John Earl of Galloway, John Earl of Stair, James Lord Somerville, and Francis Lord Napier; setting forth, "That in the Petitions which have been severally presented to Their Lordships in Behalf of the Petitioners, relative to the late Election and Return of Peers of Scotland, the Petitioners have alledged that Lord Kinnaird, who voted at the said Election, and held the Proxies of the Earl of Dysart and Lord Cranstoun, did not qualify as by Law required; that in support of this Allegation, the Petitioners propose to prove that the said Lord Kinnaird did not take and subscribe the Oath of Allegiance, and that by Law he ought to have taken and subscribed the same, in order to qualify himself to Vote in his own Behalf, and in that of the other two Lords whose Proxies he held; that the said Oath of Allegiance was, according to the established Practice, subscribed by the other Peers present at the said Election, that the Title of Kinnaird is not subscribed to the said Roll, but that the Title of Kinnoul is twice subscribed thereto, as will appear from the original Rolls themselves, which now lie upon Their Lordships' Table; that the Petitioners also propose to prove, that ever since the passing of the Act in the Sixth Year of the Reign of Queen Anne, it has been the uniform and invariable Practice, for all the Peers present and voting at an Election of the Peers of Scotland, to subscribe as well as take all the Oaths required by that Statute; that the Petitioners submit to Their Lordships, whether or not it will be proper, for the purpose of establishing the Truth of this Fact, for Their Lordships' to order one of the Deputies of the Lord Clerk Registrar for Scotland, to attend at Their Lordships' Bar, with all the Rolls containing the Oaths, taken by the Peers of Scotland present at the several Elections which have been held for a Peer or Peers of Scotland, since the passing of the aforesaid Act in the Sixth Year of the Reign of Queen Anne, intituled, "An Act to make farther Provisions for electing and summoning Sixteen Peers of Scotland, to sit in the House of Peers in the Parliament of Great Britain;" and if Their Lordships shall be of that Opinion;" the Petitioners pray, "That Their Lordships will be pleased to order, that the Lord Clerk Registrar of Scotland, or any of his Deputy Keepers of Records, do bring up and produce to Their Lordships, or to the Committee of Privileges, all the original Rolls of the several Oaths taken by the Peers of Scotland, present at the several Meetings which have been held for electing a Peer or Peers of Scotland, from and since the passing of the above mentioned Act, in the Sixth Year of the Reign of Queen Anne to the present Time:"

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

Exchequer Loans Bills.

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

With a Bill, intituled, "An Act for raising a certain Sum of Money by Loans or Exchequer Bills, for the Service of the Year One thousand seven hundred and ninety-two;" to which they desire the Concurrence of this House.

Exchequer further Loans Bill.

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

With a Bill, intituled, "An Act for raising a further Sum of Money by Loans or Exchequer Bills, for the Service of the Year One thousand seven hundred and ninety-two;" to which they desire the Concurrence of this House.

British Spirit Dealers Bill.

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

With a Bill, intituled, "An Act for allowing Dealers in British Spirits, to buy British Spirits of any entered Dealers;" to which they desire the Concurrence of this House.

American Trade Bill.

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

With a Bill, intituled, "An Act to continue the Laws now in Force, for regulating the Trade between the Subjects of His Majesty's Dominions, and the Inhabitants of the Territories belonging to the United States of America, so far as the same relate to the Trade and Commerce carried on between this Kingdom, and the Inhabitants of the Countries belonging to the said United States;" to which they desire the Concurrence of this House.

Yoxford, &c. Roads Bill.

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

With a Bill, intituled, "An Act for amending, widening, and keeping in Repair the several Roads, or Branches of Road leading from the Parishes of Yoxford, Saxmundham, and Benhall in the County of Suffolk, to the Town of Aldeburgh, in the said County;" to which they desire the Concurrence of this House.

Bridgnorth Church Bill.

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

With a Bill, intituled, "An Act for taking down the Church, Chancel, and Tower, belonging to the Parish of Saint Mary Magdalen in Bridgnorth, in the County of Salop; and for re-building the same; and for enlarging the Burial-Ground of the said Parish;" to which they desire the Concurrence of this House.

Folkestone Road Bill.

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

With a Bill, intituled, "An Act for repairing and widening the Road leading out of the Turnpike Road from Dover, through Folkestone to Hythe, at a certain Place called Canterbury Lane, within the Liberty of the Town of Folkstone, to a certain Place in the Parish of Folkestone, called Mudshole; and for making a New Road from thence through a certain Field called Yaldergates, through Rainden Wood, over Swingfield Minnis, through Denton; and for repairing and widening the Road from thence to the Direction Post on Barham Downs, in the Parish of Barham, at the Four Vents;" to which they desire the Concurrence of this House.

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

Beckett to take the Name of Turner, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable Gilbert Trowe Beckett Esquire, and his Issue Male, to take the Name and bear the Arms of Turner, pursuant to the Will of Martha Turner Widow, deceased."

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

It was resolved in the Affirmative.

Gourgas and Soret's Naturalization Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for naturalizing John Mark Gourgas, and James Soret."

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

It was resolved in the Affirmative.

Hentig and Anderson's Naturalization Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for naturalizing John William Hentig, and Jacob Anderson."

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

It was resolved in the Affirmative.

Walker's Naturalization Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for naturalizing Richard Walker."

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

It was resolved in the Affirmative.

Doxat and Brandt's Naturalization Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for naturalizing John Alphonso Doxat, and Charles Frederick Brandt."

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

It was resolved in the Affirmative.

Avebury Enclosure Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for dividing and allotting several Open and Common Lands and Grounds, within the Parish of Avebury, in the County of Wilts."

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

It was resolved in the Affirmative.

Stone, Poor Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for providing a Workhouse, for the Reception of the Poor of the Parish of Stone, in the County of Stafford; and for regulating and employing the Poor therein."

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

It was resolved in the Affirmative.

Auckland Road Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for altering, raising, widening, repairing, and preserving the Road leading from the North End of the Turnpike Road called the Coal Road, near West Auckland, in the County of Durham, to the Elsdon Turnpike Road at or near Elishaw, in the County of Northumberland; and for erecting, building, and making necessary and convenient Bridges, Mounts, and Batteries upon the same."

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

It was resolved in the Affirmative.

Cherrill Road Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for continuing the Term, and altering and enlarging the Powers of an Act, of the Thirteenth Year of His present Majesty, for repairing the Road from Cherrill, through Calne, to Studley Bridge, and from Cherrill to the Three Mile Burrough, at the Top of Cherrill Hill, in the County of Wilts, and for more effectually amending the Turnpike Road from Chittoe Heath, to the Town of Calne."

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 the Nine preceding Bills.

And Messages were, severally, sent to the House of Commons, by Mr. Montagu and Mr. Leeds:

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

Simpson against Kerr et al.

The House being moved, "That a Day may be appointed for hearing the Cause wherein William Simpson Esquire, is Appellant, and Mrs. Henrietta Anne Kerr, and others, are Respondents:"

It is Ordered, That this House will hear the said Cause by Counsel at the Bar on Wednesday next.

Ld. Daer against Johnstone and Stewart.

The House being moved, "That a Day may be appointed for hearing the Cause wherein Basil William Douglas Esquire, commonly called Lord Daer, is Appellant, and Peter Johnstone Esquire, and the Honourable Keith Stewart, are Respondents:"

It is Ordered, That this House will hear the said Cause by Counsel at the Bar, on Friday the 23d Day of this instant March.

Adjourn.

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

DIE Veneris, 16^o Martii 1792.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Ld. Craven takes his Seat:

This Day William Lord Craven sat first in Parliament after the Death of his Father William Lord Craven; His Lordship having first at the Table taken the Oaths, and made and subscribed the Declaration; and also taken and subscribed the Oath of Abjuration, pursuant to the Statutes.

Pedigree delivered.

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

Horsham Roads Bill.

The Lord Bishop of Bangor reported from the Lords Committees, to whom the Bill, intituled, "An Act for enlarging the Term and altering the Powers of an Act made in the eleventh Year of His present Majesty's Reign, for repairing and widening the Roads from Hand Cross to Corner House; and from thence to the Turnpike Road leading from Horsham to Steyning, and from Corner House aforesaid, to the Maypole in the Town of Henfield; in the County of Sussex; and also for keeping in Repair a certain Branch of Road, leading from the Direction Post near a certain Place called the Crab Tree, in the Parish of Beding otherwise Seal, through the Parishes of Nuthurst and Horsham, to the Town of Horsham, in the said County," 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."

Upton Road Bill.

The Lord Bishop of Bangor made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for enlarging the Term of an Act, of the Tenth Year of His present Majesty's Reign, for repairing and widening the Road from Upton, in the Parish of Ratley, to the North End of Bridge Street, in the Town of Great Kington, and from thence to the Guide Post, at the Town of Wellesbourne Hastings, in the County of Warwick," was committed.

Croscombe, &c. Enclosure Bill.

The Lord Bishop of Bangor also reported from the Lords Committees, to whom the Bill, intituled, "An Act for dividing and enclosing certain Commons, or Waste Lands, being Parts of Mendip, Lyatt, and Dinder Hill, within the Parishes of Croscombe and Dinder, in the County of Somerset," was committed: That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Carr or Ibbetson's Bill.

The Lord Bishop of Bangor also reported from the Lords Committees, to whom the Bill, intituled, "An Act to enable Trustees to cut down and sell Timber upon the Estates devised and settled by the Will of Ralph Carr Esquire; and to invest the Monies arising therefrom, in the Purchase of Lands and Hereditaments, to be settled to the Uses of the Will, and for other Purposes therein mentioned," was committed: That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and made some Amendments thereto:"

Which Amendments, being read Twice by the Clerk, were agreed to by the House.

Ordered, That the said Bill, with the Amendments, be engrossed.

Boroughbridge Road Bill.

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

With a Bill, intituled, "An Act for enlarging and altering the Terms and Powers of Two Acts of Parliament, made and passed in the Eighteenth and Twenty-second Years of the Reign of His late Majesty King George the Second, for repairing the High Road leading from Boroughbridge, in the County of York, through Northallerton, in the same County, to Croft Bridge, on the River Tees, and from thence through Darlington in the County of Durham, to the City of Durham; and for reducing the said Acts into one, and for the more effectually repairing and keeping in Repair the said Road;" to which they desire the Concurrence of this House.

The said Bill was read the first Time.

Strahan's Petition referred to Judges.

Upon reading the Petition of the Reverend George Strahan, Vicar of the Parish and Parish Church of Saint Mary Islington, in the County of Middlesex, and Diocese of London; 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 Gould, 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 same; and also that the Judges, having perused the Bill, do sign the same.

Churchill et al. Petition referred to Judges.

Upon reading the Petition of Charles Churchill Esquire, and Lady Maria Churchill his Wife, Johanna Churchill (the Widow of Charles Churchill the Younger Esquire, deceased,) and Colonel George Churchill, as Guardians to and on Behalf of the Infant Children of Charles Churchill the Younger, deceased, by the said Johanna Churchill; and also the said George Churchill, on Behalf of himself, Henry Churchill, and Captain Horatio Churchill, on Behalf of himself and his Infant Children; the Right Honourable Charles Lord Cadogan, and Mary Lady Cadogan his Wife, late Mary Churchill Spinster, on Behalf of themselves, and their Infant Children; the Honourable Horatio Walpole and Sophia his Wife, late Sophia Churchill Spinster, on Behalf of themselves, and their Infant Children; the Honourable Horatio Walpole, and Sophia his Wife, late Sophia Churchill Spinster, on Behalf of themselves and their Infant Children; William Fawkener and Everard Fawkener Esquires, and the Honourable Edward Bouverie and Harriot his Wife, late Harriot Fawkener Spinster, on Behalf of themselves and their Infant Children; and Edward Bouverie the Younger, Esquire, (eldest Son of the said Edward Bouverie and Harriot his Wife,) on Behalf of himself and his Infant Children; 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.

Griffith et al. Petition referred to Judges.

Upon reading the Petition of Thomas Griffith, of Rhual in the County of Flint, Esquire, and Henrietta Maria his Wife, for and on Behalf of themselves and their Five Infant Children; as also of Henrietta Maria their eldest Daughter, who hath attained her Age of Twentyone Years; and likewise of Sir Richard Brooke, of Norton Priory in the County of Chester, Baronet; 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 Gould 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.

Exchequer Loans Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for raising a certain Sum of Money, by Loans or Exchequer Bills, for the Service of the Year One thousand seven hundred and ninety-two."

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 Monday next.

Exchequer further Loans Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for raising a further Sum of Money, by Loans or Exchequer Bills, for the Service of the Year One thousand seven hundred and ninety-two."

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 Monday next.

British Spirit Dealers Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for allowing Dealers in British Spirits to buy British Spirits of any entered Dealers."

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 Monday next.

American Trade Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to continue the Laws now in Force for regulating the Trade between the Subjects of His Majesty's Dominions and the Inhabitans of the Territories belonging to the United States of America, so far as the same relate to the Trade and Commerce carried on between this Kingdom and the Inhabitants of the Countries belonging to 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 on Monday next.

Bridgnorth Church Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for taking down the Church, Chancel, and Tower belonging to the Parish of Saint Mary Magdalen, in Bridgnorth, in the County of Salop, and for rebuildthe same; and for enlarging the Burial Ground of the said Parish."

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.

Folkestone Road Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for repairing and widening the Road leading out of the Turnpike Road from Dover, through Folkestone, to Hythe, at a certain Place called Canterbury Lane, within the Liberty of the Town of Folkestone, to a certain Place in the Parish of Folkestone called Mudshole; and for making a new Road from thence through a certain Field called Yaldergates, through Rainden Wood, over Swingfield Minnis, through Denton; and for repairing and widening the Road from thence to the Direction Post on Barham Downs, in the Parish of Barham, at the Four Vents."

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 Monday next, at the usual Time and Place; and to adjourn as they please.

Irving to enter into Recognizance on Duguids' Appeal.

The House being moved, "That John Irving, of the Inner Temple, London, Gentleman, may be permitted to enter into a Recognizance for John and William Duguid, on Account of their Appeal depending in this House, they residing in Scotland:"

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

Gillespie and Reid against Hussey and Bogle.

The House being informed, "That Adeliza Hussey and Charles Bogle, Respondents to the Appeal of William Gillespie and Matthew Reid, 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 James Grahame, 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.

Scott et al. against Balfour et al.

Upon reading the Petition and Cross-Appeal of Miss Henrietta Scott, of Scotstarvet, and her Guardians; complaining of certain Part of an Interlocutor of the Lords of Session in Scotland, of the 16th of November 1787; and also of another Interlocutor of the said Lords, of the 17th of June 1788, adhering thereto; and praying, "That the same may be reversed, varied, or amended, 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 David Hay Balfour, of Leys, and Randerston Esquire, and his Guardians, may be required to answer the said Appeal:"

It is Ordered, That the said David Hay Balfour and his Guardians, 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 13th Day of April next; and Service of this Order upon the said Respondents, or upon their known Counsel or Agents in the Court of Session in Scotland, shall be deemed good Service.

Larking's Divorce Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to dissolve the Marriage of John Larking Esquire, with Elizabeth Marcon his now Wife, and to enable him to marry again; and for other Purposes therein mentioned."

After some Time, the House was resumed:

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

Ordered, That the said Bill be engrossed.

Raybould's Divorce Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to dissolve the Marriage of William Raybould with Joannah Pearsall, his now Wife, and to enable him to marry again; and for other Purposes therein mentioned."

After some Time, the House was resumed:

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

Ordered, That the said Bill be engrossed.

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

Complaint of a Breach of Privilege against the Earl of Coventry:

Complaint was made to the House of a Breach of Privilege against the Earl of Coventry, in a Letter signed Richard Cooksey; and Oath being made at the Bar, that the Contents and Signature of the said Letter are the Hand Writing of Richard Cooksey:

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

My Lord,

Your Lordship having signified an Intention of quiting Worcestershire To-morrow, I am under the Necessity of calling upon you in haste, (and before I can procure some Letters which passed between your Lordship and my Father, which I have not yet been allowed to see,) for immediate Redress of a most ungenerous, because unprovoked Injury.

My Letter may be long, but it merits your Perusal, since it will, I trust, convince you of having acted wrong, and I need not mention to a Man of your Lordship's Sense, that to redress an Injury is the Duty of a Man who has offered one.

I have another View in writing thus fully, since if your Lordship should appeal to any other Arm than your own, and whether yourself under the Privilege of Peerage; my Letter and Case considered shall convince the House of Lords, Lords whose Honour is equal to an Oath, that your Lordship is as wanting in Spirit as in Justice.

In 1789 I left England, and resided during the Year 1790 at Lauranne, living there in the Society of Men of high Honour, with some of infinitely higher Rank than your Lordship holds: to them abroad, to Characters as respectable at Home, I can refer for honourable Testimony of my Conduct. About August 1790 I wrote to my Father expressing a Wish to quit that Country for Germany or Turin, in which Countries a military Character is certainly the best Introduction of an English Gentleman, I therefore solicited any vacant Commission in the Worcestershire Militia.

My Father executed my Wish by applying to your Lordship for such a Commission; your Lordship, I am told, (for I have not I say seen your Letter,) answered that there were pecuniary Objections to my Appointment. My Father, hurt at such an insolent Answer, then, and not before, applied for the Majority, and copied the Clause in the Act which prescribes the Time and Mode of appointing a Field Officer.

Your Lordship, as Lord Lieutenant, was bound to appoint me, unless a Gentleman had a prior Claim, or to state a true legal Objection. You did not, but referred my Father's Letter to a Board of Militia Officers, who expressed a Wish for the Continuance of their present Major. This I aver to be the true State of the Case; now attend to my Observations on it.

Your Assertion that pecuniary Objections existed to my Appointment was base, cowardly, and false.

I ask, I insist upon an Explanation of these Words.

Does your Lordship mean that the Heir Apparent to an Estate of between £1,300 and £1,500 a Year, (incumbered as it may be) is not a Man qualified in a pecuniary Sense for such an Appointment? If you have a Doubt read the Militia Act. Does your Lordship mean that (by listening to idle Tales of envenomed Toad Eaters, which makes great Men little,) you had heard my Circumstances were for a Time embarrassed, that I was not eligible? That, my Lord, is not an Objection. It does not affect the legal Qualification. As your Lordship, however, has thought proper to publish your pecuniary Objections to me, Justice to my own Character calls upon me to tell your Lordship, I never owed Five hundred Pounds in the World. I never owed to Tradesmen in the Aggregate £260. I lament the Truth that I have not been able to pay Claims upon me the instant they have been made, from Want of Discretion, my cautious Lord, not of Principle; but this was a Concern to Tradesmen only, not to a Lord Lieutenant of a Country. This Suggestion, I therefore repeat, was cruel, cowardly, and false, more cruel, more dastardly, because my Father was at the Time supposed to be in a dangerous Illness, and I at the Foot of the Alps.

I never wished the Removal of Major Mole, whom (though I do not know him) I believe to be a worthy Man, nor would it have been my Wish to enter a Regiment of Gentlemen, but with the Reception a Gentleman has a Right to expect. Your Lordship having given out that I applied in the first Instance for the Majority, is guilty of a second Falsehood. A military Life is not my Object, I wished the Appointment solely for the Reasons I have mentioned. I must seek my Bread in another Profession, but as your Lordship has thus put the Matter upon my Qualification, I now, without interfering with the prior Prentensions of any Officer at present in the Corps, put in my Claim to the Majority, upon legal and constitutional Principles, (since tis the only legal Army) against any Man whatever.

There is one Qualification I will convince your Lordship I possess, at any Moment and in any Manner your Lordship shall require and appoint.

I remain, my Lord,
Your Enemy,
Richard Cooksey."

Worcester, January
10th 1791.

I shall remain in Worcester all this Week."

And the Earl of Coventry in his Place representing, "That the said Letter was delivered to him by his Servant, who informed him he received it from the said Richard Cooksey."

Cooksey to be attached.

Ordered, That the Serjeant at Arms attending this House, his Deputy or Deputies, do forthwith attach the Body of the said Richard Cooksey, and bring him in safe Custody to the Bar of this House, to answer for his said Offence.

To William Watson Esquire, Serjeant at Arms attending this House, his Deputy or Deputies and every of them.

Adjourn.

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

DIE Lunæ, 19^o Martii 1792.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Larking's Divorce Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to dissolve the Marriage of John Larking Esquire, with Elizabeth Marcon his now Wife, and to enable him to marry again; and for other Purposes therein mentioned."

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

It was resolved in the Affirmative.

Raybould's Divorce Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to dissolve the Marriage of William Raybould with Joannah Pearsall his now Wife, and to enable him to marry again; and for other Purposes therein mentioned."

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

It was resolved in the Affirmative.

Carr or Ibbetson's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable Trustees to cut down and fell Timber upon the Estates devised and settled by the Will of Ralph Carr Esquire, and to invest the Monies arising therefrom in the Purchase of Lands and Hereditaments, to be settled to the Uses of the Will, and for other Purposes therein mentioned."

Then the following Amendments were proposed to be made to the said Bill.

Pr. 14. L. 33. After the Word ("thin") insert ("as they in their Discretion shall think fit")

Pr. 19. L. 17. Leave out ("William Nesfield") and insert ("John Drake Bainbridge")

The same were agreed to, and ordered accordingly.

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

It was resolved in the Affirmative.

Messages to H. C. with the Three preceding Bills.

And Messages were, severally, sent to the House of Commons, by Mr. Pepys and Mr. Ord:

To carry down the said Bills, and desire their Concurrence thereto.

Upton Road Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for enlarging the Term of an Act of the Tenth Year of His present Majesty's Reign, for repairing and widening the Road from Upton, in the Parish of Ratley, to the North End of Bridge Street, in the Town of Great Kington, and from thence to the Guide Post at the Town of Wellesbourne Hastings, in the County of Warwick."

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

It was resolved in the Affirmative.

Croscombe, &c. Enclosure Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for dividing and enclosing certain Commons or Waste Lands, being Parts of Mendip, Lyatt, and Dinder Hill, within the Parishes of Croscombe and Dinder, in the County of Somerset."

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

It was resolved in the Affirmative.

Horsham Roads Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for enlarging the Term and altering the Powers of an Act made in the Eleventh Year of His present Majesty's Reign, for repairing and widening the Roads from Hand Cross to Corner House, and from thence to the Turnpike Road leading from Horsham to Steyning, and from Corner House aforesaid, to the Maypole in the Town of Henfield, in the County of Sussex, and also for keeping in Repair a certain Branch of Road leading from the Direction Post near a certain Place called The Crab Tree, in the Parish of Beding, otherwise Seal, through the Parishes of Nuthurst and Horsham, to the Town of Horsham, in the said County."

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

It was resolved in the Affirmative.

Messages to H. C. that the Lords have agreed to the Three preceding Bills.

And Messages were, severally, sent to the House of Commons, by the former Messengers:

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

York Buildings Company against Martin et al.

A Petition of Richard Troward, Agent for the Governor and Company of Undertakers for raising Thames Water in York Buildings, Appellants in a Cause depending in this House, to which Messieurs Martin Stone and Foote, Bankers in London, and many other Creditors of the said Company, are Respondents, was presented and read; setting forth, "That the Petitioner on the 14th Day of February last, presented to this House an Appeal in the above Cause, complaining of certain Interlocutors pronounced by the Lords of Council and Session, and Lord Ordinary of Scotland, and which has since been amended by Their Lordships' Order, by including therein certain other Interlocutors: that Their Lordships upon the 5th Day of March instant, upon the Application of the Respondents, were pleased to order the said Appeal to be set down for hearing on Friday the 23d Day of March instant: that from the Number of Orders appealed from, and the Multiplicity of Questions arising thereon, and the Petitioner not having been furnished with the Extracts of the Pleadings and other necessary Documents from Scotland, it will be impossible to have the Appellants' Case ready for Hearing by the Day so appointed for that Purpose;" and therefore praying Their Lordships, "To adjourn the Hearing of the said Cause till Thursday the 26th Day of April next, or such other Day 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:

Ordered, That the Hearing of the said Cause be put off to Wednesday the 28th Day of this instant March, and that the Appellants do pay to the Respondents the Sum of Forty Pounds Costs, in respect of the Delay occasioned by the Adjournment of the said Cause.

House acquainted that Cooksey was in Custody:

The Serjeant at Arms attending this House, acquainted the House; "That he had (in pursuance of Their Lordships Order of Friday last,) attached the Body of Richard Cooksey."

Cooksey's Petition for Time to prepare his Defence.

Whereupon, A Petition of Richard Cooksey was presented and read; setting forth; "That in pursuance of an Order of the House, he is now in Custody of the Serjeant at Arms attending this House, but that for Want of Papers material to his Defence, which he daily expects to receive, he is not prepared to appear at Their Lordships' Bar;" the Petitioner therefore humbly prays, "That he may be allowed till Monday the 26th instant, to prepare for that Purpose."

Ordered, That the Serjeant at Arms do bring the said Richard Cooksey in Custody to the Bar of this House, on Monday next.

Ld. Daer against John. Johnstone and Stewart.

Upon reading the Petition of Basil William Douglas Esquire, commonly called Lord Daer, Appellant in a Cause depending in this House, and of Peter Johnstone Esquire, and the Honourable Keith Stewart, Respondents thereto; setting forth, "That this Cause stands for Hearing on the 23d of this instant March, for which Day another Cause was previously appointed, and as the Parties in this Cause cannot be prepared at that Time;" they humbly pray, "That Their Lordships will be pleased to appoint this Cause to be heard on Wednesday the 25th Day of April next, or such other Day after the Recess at Easter as Their Lordships think proper:"

It is Ordered, That the Hearing of the said Cause be put off to Wednesday the 25th Day of April next, as desired.

Simpson against Kerr, et al.

Ordered, That the Hearing of the Cause, wherein William Simpson Esquire, of Viewfield, is Appellant, and Mrs. Henrietta Anne Kerr and others, are Respondents, which stands appointed for Wednesday next, be put off to Friday next.

Douglas against Balfour:

Upon reading the Petition and Appeal of Samuel Douglas, Merchant in Glasgow, Trustee on the sequestrated Estates of Thomas and George Colvins and Company, Distillers at Underwood; complaining of four Interlocutors of the Lord Ordinary in Scotland, of the 23d of February, the 10th of March, the 25th of May, and 9th of June 1790; and also of two Interlocutors of the Lords of Session there, of the 1st of February 1791, and 7th of March 1792; 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 meet; and that John Balfour Esquire, Merchant in Edinburgh, may be required to Answer the said Appeal:"

It is Ordered, That the said John Balfour may have a Copy of the said Appeal, and do put in his Answer thereunto in Writing, on or before Monday the 16th Day of April next; and Service of this Order upon the said Respondent, or upon any of his known Counsel or Agents 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 Samuel Douglas, on Account of his Appeal depending in this House, he residing in Scotland:"

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

Exchequer Loans Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for raising a certain Sum of Money by Loans or Exchequer Bills, for the Service of the Year One thousand seven hundred and ninetytwo."

After some Time, the House was resumed:

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

Exchequer further Loans Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for raising a further Sum of Money by Loans or Exchequer Bills, for the Service of the Year One thousand seven hundred and ninetytwo."

After some Time, the House was resumed:

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

American Trade Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to continue the Laws now in Force for regulating the Trade between the Subjects of His Majesty's Dominions, and the Inhabitants of the Territories belonging to the United States of America, so far as the same relate to the Trade and Commerce carried on between this Kingdom and the Inhabitants of the Countries belonging to the said United States."

After some Time, the House was resumed:

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

British Spirit Dealers Bill.

The Order of the Day being read for the House to be put into a Committee upon the Bill, intituled, "An Act for allowing Dealers in British Spirits, to buy British Spirits of any entered Dealers."

Ordered, That the said Order be discharged.

Boroughbridge Road Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for enlarging and altering the Terms and Powers of Two Acts of Parliament made and passed in the Eighteenth and Twenty-second Years of the Reign of His late Majesty King George the Second, for repairing the High Road leading from Borough Bridge, in the County of York, through Northallerton, in the same County, to Croft Bridge, on the River Tees, and from thence through Darlington, in the County of Durham, to the City of Durham; and for reducing the said Acts into one, and for the more effectually repairing and keeping in Repair the said Road."

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

Their Lordships, or any Five of them, to meet To-morrow, 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 Martis, vicesimum diem instantis Martii, horâ undecimâ Auroræ, Dominis sic decernentibus.

DIE Martis, 20^o Martii 1792.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Proceedings on East-India Judicature Act.

The Lord Chancellor acquainted the House, "That the Clerk Assistant had prepared and laid upon the Table, a List of the Names of all the Lords who had delivered in Lists, in pursuance of the Directions of an Act passed in the Twenty-sixth Year of His present Majesty, for the further Regulation of the Trial of Persons accused of certain Offences committed in the East Indies, and for other Purposes therein mentioned."

Exchequer Loans Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for raising a certain Sum of Money by Loans or Exchequer Bills, for the Service of the Year One thousand seven hundred and ninety-two."

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

It was resolved in the Affirmative.

Exchequer further Loans Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for raising a further Sum of Money by Loans or Exchequer Bills, for the Service of the Year One thousand seven hundred and ninety-two."

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

It was resolved in the Affirmative.

American Trade Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to continue the Laws now in force, for regulating the Trade between the Subjects of His Majesty's Dominions, and the Inhabitants of the Territories belonging to the United States of America, so far as the same relate to the Trade and Commerce carried on between this Kingdom and the Inhabitants of the Countries belonging to the said United States."

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

It was resolved in the Affirmative.

Messages to H. C. that the Lords have agreed to the Three preceding Bills.

And Messages were, severally, sent to the House of Commons, by Mr. Pepys and Mr. Ord:

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

Yoxford, &c. Roads Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for amending, widening, and keeping in Repair the several Roads or Branches of Road, leading from the Parishes of Yoxford, Saxmundham, and Benhall, in the County of Suffolk, to the Town of Aldeburgh, in the said County."

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

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

Taylor and Elderton, Leave for a Bill:

After reading and considering the Report of the Judges, to whom was referred the Petition of the Reverend John Taylor, and Harry Elderton 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 confirming and carrying into Execution certain Articles of Agreement, made and entered into between the Reverend John Taylor, Curate of the Curacy of Clifton, in the Parish of Westbury-upon-Trym, in the County of Gloucester, and Harry Elderton, of the City of Bristol, Gentleman, for granting a building Lease of a certain Piece or Parcel of Ground belonging to the said Curacy."

Tongeet Ux. Petition referred to Judges.

Upon reading the Petition of Henry Tonge, of Ebrington in the County of Gloucester, Esquire, and Ann Eliza his Wife, 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 Gould, 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.

Writs of Error delivered:

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

In the First of which,

Gibson and Johnson against Master et al.

Thomas Gibson and Joseph Johnson are Plaintiffs, and
Richard Master and others, are Defendants.

In the Second,

Gibson and Johnson against Hunter.

Thomas Gibson and Joseph Johnson are Plaintiffs, and
Robert Hunter is Defendant.

In the Third,

Home against E. Camden, et al.

Rodham Home Esquire, is Plaintiff, and
Charles Earl Camden, and others, are Defendants.

And in the last,

Gilbert against Browne.

Charles Gilbert is Plaintiff, and
Jonathan Browne is Defendant.

Wilmot's Divorce Bill.

Ordered, That Elizabeth Barnes, Thomas Scatchard, Mary Page, and John Smith, do attend this House Tomorrow, in order to their being examined as Witnesses, upon the Second Reading of the Bill, intituled, "An to dissolve the Marriage of John Wilmot Esquire, with Fanny Sainthill, his now Wife; and to enable him to marry again, and for other Purposes."

Folkestone Road Bill.

The Earl Strange reported from the Lords Committees, to whom the Bill, intituled, "An Act for repairing and widening the Road leading out of the Turnpike Road from Dover, through Folkestone, to Hythe, at a certain Place called Canterbury Lane, within the Liberty of the Town of Folkestone, to a certain Place in the Parish of Folkestone, called Mudshole; and for making a new Road from thence through a certain Field, called Yaldergates, through Rainden Wood, over Swingfield Minnis, through Denton; and for repairing and widening the Road from thence to the Direction Post on Barham Downs, in the Parish of Barham, at the Four Vents," 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."

Bridgnorth Church Bill.

The Earl Strange made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for taking down the Church, Chancel, and Tower belonging to the Parish of Saint Mary Magdalen in Bridgnorth, in the County of Salop; and for rebuilding the same, and for enlarging the Burial Ground of the said Parish," was committed.

Boroughbridge Road Bill.

The Earl Strange made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for enlarging and altering the Terms and Powers of two Acts of Parliament, made and passed in the Eighteenth and Twenty-second Years of the Reign of His late Majesty King George the Second, for repairing the High Road leading from Boroughbridge, in the County of York, through Northallerton, in the same County, to Crost Bridge, on the River Tees, and from thence through Darlington in the County of Durham, to the City of Durham; and for reducing the said Acts into one; and for the more effectually repairing and keeping in Repair the said Road," was committed.

Dunn to enter into Recognizance on E. Wemyss's Appeal.

The House being moved, "That Thomas Dunn, of Lincoln's Inn, Gentleman, may be permitted to enter into a Recognizance for Francis Charteris Earl of Wemyss, on account of his Appeal depending in this House, he residing in Scotland."

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

Libel Juries Bill.

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

It was moved, "That the Bill, intituled, "An Act to remove Doubts respecting the Functions of Juries in Cases of Libel," be read the Second Time."

Then an Amendment was proposed to be made to the said Motion, by adding thereto, the Words ("on Tuesday the 24th of April next.")

Which being objected to;

After Debate:

The Question was put, "Whether the said Words shall be added to the said Motion?"

It was resolved in the Affirmative.

Ordered, That the said Bill be read a Second Time on Tuesday the 24th of April next.

Writs of Mandamus, &c. Bill respecting.

The Order of the Day being read for the Second Reading of the Bill, intituled, "An Act to explain and amend an Act made in the Ninth Year of the Reign of Queen Anne, intituled, "An Act for rendering the Proceedings upon Writs of Mandamus and Informations in the Nature of a Quo Warranto, more speedy and effectual, and for the more easy trying and determining the Rights of Offices and Franchises in Corporations and Boroughs;" and for the Lords to be summoned.

The said Bill was accordingly read a Second Time.

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; and that the Lords be summoned.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, vicesimum primum diem instantis Martii, horâ undecimâ Auroræ, Dominis sic decernentibus.