Journal of the House of Lords Volume 39, 1790-1793. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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'House of Lords Journal Volume 39: December 1792 11-20', in Journal of the House of Lords Volume 39, 1790-1793( London, 1767-1830), British History Online https://prod.british-history.ac.uk/lords-jrnl/vol39/pp494-503 [accessed 22 December 2024].
'House of Lords Journal Volume 39: December 1792 11-20', in Journal of the House of Lords Volume 39, 1790-1793( London, 1767-1830), British History Online, accessed December 22, 2024, https://prod.british-history.ac.uk/lords-jrnl/vol39/pp494-503.
"House of Lords Journal Volume 39: December 1792 11-20". Journal of the House of Lords Volume 39, 1790-1793. (London, 1767-1830), , British History Online. Web. 22 December 2024. https://prod.british-history.ac.uk/lords-jrnl/vol39/pp494-503.
In this section
December 1792 11-20
Anno 33o Georgii Tertii.
DIE Jovis, 13o Decembris 1792.
DIE Jovis, 13o Decembris 1792, Annoque Regni Serenissimi Domini Nostri Georgii Tertii, Dei Gratiâ, Magnæ Britanniæ, Franciæ, et Hiberniæ Regis, Fidei Defensoris, &c. Tricesimo Tertio; in quem Diem hæc Tertia Sessio Parliamenti, per separalia Adjournamenta et Prorogationes, continuata fuerat, in Superiori Domo Parliamenti Magnæ Britanniæ apud Westmonaster. convenere, Domini tam Spirituales quam Temporales, quorum Nomina subscribuntur, et præsentes fuerunt:
REX.
Georgius Princeps Walliæ.
The Lord Kenyon sat Speaker by virtue of a former Commission.
The King present:
His Majesty being seated on the Throne, adorned with His Crown and regal Ornaments, and attended by His Officers of State, (the Lords being in their Robes,) commanded the Gentleman Usher of the Black Rod to let the Commons know, "It is His Majesty's Pleasure they attend him immediately in this House."
Who being come, with their Speaker;
His Majesty was pleased to speak as follows; (videlicet)
"My Lords, and Gentlemen,
His Majesty's Speech.
"Having judged it necessary to embody a Part of the Militia of this Kingdom, I have, in pursuance of the Provisions of the Law, called you together within the Time limited, for that Purpose, and it is, on every Account, a great Satisfaction to Me to meet you in Parliament at this Conjuncture.
"I should have been happy if I could have announced to you the secure and undisturbed Continuance of all the Blessings which My Subjects have derived from a State of Tranquillity; but Events have recently occurred which require Our united Vigilance and Exertion, in order to preserve the Advantages which We have hitherto enjoyed.
"The seditious Practices, which had been in a great Measure checked by your firm and explicit Declaration in the last Session, and by the general Concurrence of My People in the same Sentiments, have of late been more openly renewed, and with encreased Activity.
"A Spirit of Tumult and Disorder (the natural Consequence of such Practices,) has shewn itself in acts of Riot and Insurrection, which required the Interposition of a military Force in Support of the civil Magistrate. The Industry employed to excite Discontent on various Pretexts, and in different Parts of the Kingdom, has appeared to proceed from a Design to attempt the Destruction of Our happy Constitution, and the Subversion of all Order and Government. And this Design has evidently been pursued in Connection and Concert with Persons in foreign Countries. I have carefully observed a strict Neutrality in the present War on the Continent, and have uniformly abstained from any Interference with respect to the internal Affairs of France; but it is impossible for Me to see, without the most serious Uneasiness, the strong and encreasing Indications which have appeared there, of an Intention to excite Disturbances in other Countries, to disregard the Rights of neutral Nations, and to pursue Views of Conquest and Aggrandisement; as well as to adopt towards My Allies the States General (who have observed the same Neutrality with Myself,) Measures which are neither conformable to the Law of Nations nor to the positive Stipulations of existing Treaties. Under all these Circumstances, I have felt it My indispensable Duty to have Recourse to those Means of Prevention and internal Defence with which I am entrusted by Law; and I have also thought it right to take Steps for making some Augmentation of My naval and military Force, being persuaded that these Exertions are necessary in the present State of Affairs, and are best calculated both to maintain Internal Tranquillity, and to render a firm and temporate Conduct effectual for preserving the Blessings of Peace.
"Nothing will be neglected on My Part that can contribute to that important Object, consistently with the Security of My Kingdoms, and with the faithful Performance of Engagements, which We are bound equally by Interest and Honour to fulfil.
"Gentlemen of the House of Commons,
"I have ordered the Estimates for the ensuing Year to be laid before you, and I have no Doubt that you will be ready to make a due Provision for the several Branches of the public Service.
"You will certainly join with Me in lamenting any Necessity for extraordinary Expences, which may for a Time prevent the Application of additional Sums, beyond those which are already annually appropriated to the Reduction of the public Debt, or retard the Relief which My Subjects might have derived from a further Diminution of Taxes.
"But I am confident you will feel that those great Ends will ultimately be best promoted by such Exertions as are necessary for Our present and future Safety and Tranquillity; and it is a great Consolation to Me to reflect, that you will find ample Resources for effectually defraying the Expence of vigorous Preparations from the Excess of the actual Revenue beyond the ordinary Expenditure.
"My Lords, and Gentlemen,
"I have great Pleasure in acquainting you, that the brilliant Successes of the British Arms in India, under the able Conduct of the Marquis Cornwallis, have led to the Termination of the War, by an advantageous and honourable Peace, the Terms of which are peculiarly satisfactory to Me, from their Tendency to secure the future Tranquillity of the British Dominions in that Part of the World.
"Your Attention will now naturally be directed to such Measures for the future Government of those valuable Possessions, as shall appear from Experience and full Consideration most likely to provide for their internal Prosperity, and to secure the important Advantages which may be derived from thence, to the Commerce and Revenue of this Country.
"I am persuaded that it will be the Object of your immediate Consideration to adopt such Measures as may be necessary, under the present Circumstances, for enforcing Obedience to the Laws, and for repressing every Attempt to disturb the Peace and Tranquillity of these Kingdoms.
"You will be sensible how much depends on the Result of your Deliberations, and your uniform Conduct is the best Pledge that Nothing will be wanting on your Part which can contribute to the present Security and permanent Advantage of the Country.
"I retain a deep and unalterable Sense of the repeated Proofs which I have received of your cordial and affectionate Attachment to Me, and I place an entire Reliance on the Continuance of those Sentiments, as well as on your firm Determination to defend and maintain that Constitution which has so long protected the Liberties and promoted the Happiness of every Class of My Subjects.
"In endeavouring to preserve and to transmit to Posterity the inestimable Blessings which, under the favor of Providence, you have yourselves experienced, you may be assured of My zealous and cordial Cooperation; and Our joint Efforts will, I doubt not, be rendered completely effectual by the decided Support of a free and loyal People."
Then His Majesty was pleased to retire.
And the Commons withdrew.
The House was adjourned during Pleasure.
The House was resumed.
PRAYERS.
Bp. Bristol takes the Oaths.
This Day Spencer Lord Bishop of Bristol took the Oaths, and made and subscribed the Declaration; and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.
E. Guilford and D. of Manchester take their Scats:
This Day George Augustus Earl of Guilford sat first in Parliament, after the Death of his Father Frederick Earl of Guilford:
And also, William Duke of Manchester, after the Death of his Father, William Duke of Manchester.
Their Lordships 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.
Pedigrees delivered.
Garter King at Arms delivered in at the Table their Lordships' Pedigrees, pursuant to the standing Order.
Ld. Boyle takes the Oaths.
This Day Edmund Lord Boyle took the Oaths, and made and subscribed the Declaration; and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.
Bill pro formâ read.
Hodie 1a vice lecta est Billa, intituled, "An Act for the better regulating Select Vestries."
His Majesty's Speech reported:
The Lord Speaker reported His Majesty's Speech; and the same being read by the Clerk:
Motion for Address thereon:
Moved, "That an humble Address he presented to His Majesty to return His Majesty the humble and dutiful Acknowledgements of this House, for His Majesty's most gracious Speech from the Throne.
"To assure His Majesty, that under Circumstances which require the united Vigilance and Exertion of all the Branches of the Legislature, to preserve to His Majesty's Subjects the Continuance of those Advantages which they have hitherto enjoyed, it is a great Satisfaction to us, that His Majesty, by meeting us in Parliament at this Conjuncture, has afforded us an Opportunity of manifesting our Loyalty to His Majesty, and our Zeal for the dearest Interests of our Country.
"That we have seen with the greatest Concern, that the seditious Practises which were the Objects of His Majesty's late Proclamation, and which were so strongly condemned by the Declaration of both Houses of Parliament, and by the general Sentiments of the People, have of late been more openly renewed, and with increased Activity. That we deeply lament that Spirit of Tumult and Disorder, the natural Consequence of such Practices, which has shewn itself in different Acts of Riot and Insurrection, requiring the Interposition of a military Force in Support of the civil Magistrate. That we are sensible, that the Industry employed to excite Discontent on various Pretexts, and in different Parts of the Kingdom, has proceeded from a settled Design to attempt the Destruction of our happy Constitution, and the Subversion of all Order and Government; and that we learn with the utmost Indignation, that this Design has been pursued in Connection and Concert with Persons in foreign Countries.
"That we highly applaud the wise and generous Conduct adopted by His Majesty, in observing a strict Neutrality in the present War on the Continent, and in abstaining from any Interference with respect to the internal Affairs of France. But that we fully participate in that serious Uneasiness so justly felt by His Majesty on account of the strong and increasing Indications which have appeared in France, of an Intention to excite Disturbances in other Countries, to disregard the Rights of neutral Nations, and to pursue Views of Conquest and Aggrandizement; as well as to adopt towards His Majesty's Allies, the States General, who have observed the same Neutrality with His Majesty, Measures neither conformable to the Law of Nations, nor to the positive Stipulations of existing Treaties.
"That we acknowledge with the deepest Gratitude His Majesty's paternal Care for the Security and Happiness of His People, which has led him on the present Occasion to have Recourse to those Means of Prevention and internal Defence with which His Majesty is entrusted by Law, and also to augment His Majesty's naval and military Force; and that we concur with His Majesty in the persuasion that these Exertions are necessary in the present State of Affairs, and are best calculated both to maintain internal Tranquillity, and to render a firm and temperate Conduct effectual for preserving the Blessings of Peace; an Object which, however important in itself, is no otherwise desirable than as it can be attained consistently with the Security of these Kingdoms, and with the faithful Performance of Engagements, which we are bound equally by Interest and Honour to fulfil.
"To congratulate His Majesty on the brilliant Successes of the British Arms in India, under the able Conduct of the Marquis Cornwallis, and more especially on the Termination of the War in that Country by an advantageous and honourable Peace; to the Terms of which we look with peculiar Satisfaction, from their Tendency to secure the future Tranquillity of the British Dominions. That we shall now apply our Attention to the forming such Arrangements for the future Government of those valuable Possessions as Experience and Deliberation may recommend to us, with a View to the Prosperity of that Country, and to the Advantages which it may afford to the British Commerce and Revenue.
"To assure His Majesty that we feel it to be our bounden Duty, and that it shall be the Object of our most immediate Consideration, to adopt all proper Measures for enforcing Obedience to the Laws, and for repressing every Attempt to disturb the Peace and Tranquillity of this Kingdom: That we are not ignorant, that on the Result of our Deliberations at this Moment depend the present Security and permanent Prosperity of our Country: That we well know that we can in no Manner better provide for these important and interesting Objects, than by manifesting in all our Conduct that affectionate Attachment which is so justly due to His Majesty from every one of His Subjects, and which is deeply impressed upon our Hearts; and by directing all our Councils to the Defence and Maintenance of the Constitution, so dear to a People whose Liberties it has long protected, and whose Happiness it has essentially promoted: That in endeavouring to preserve and transmit to our Posterity these inestimable Blessings, we know, from uniform Experience, that we may be assured of His Majesty's Co-operation and Assistance; and that we are confident that the united Efforts of His Majesty and His Parliament for this Purpose will be rendered completely effectual by the decided Support of a free and loyal People."
Amendments negatived.
Then an Amendment was proposed to be made to the said Motion, by leaving out from the Word ("Country") in the second Paragraph, to the End of the third Paragraph.
Which being objected to;
After Debate,
The Question was put, "Whether the Words proposed to be left out, shall stand Part of the Motion?"
It was resolved in the Affirmative.
Then an Amendment was proposed to be made to the said Motion, by leaving out from the Word ("France") in the fourth Paragraph, to the End of the fifth Paragraph."
Which being objected to;
The Question was put, "Whether the Words proposed to be left out, shall stand Part of the Motion?"
It was resolved in the Affirmative.
Then it was moved, "To agree to the said Motion for an Address as at first proposed."
The Question was put thereupon?
It was resolved in the Affirmative.
Then the Lords following were appointed a Committee to prepare an Address pursuant thereto; (videlicet)
Their Lordships, or any Five of them, to meet immediately in the Prince's Lodgings, near the House of Peers; and to adjourn as they please.
The House was adjourned during Pleasure; and the Committee withdrew to prepare the Address.
After some Time, the House was resumed:
Address reported and agreed to.
And the Earl of Hardwike reported from the Committee an Address drawn by them as follows; (videlicet)
"Most Gracious Sovereign,
"We Your Majesty's most dutiful and loyal Subjects, the Lords Spiritual and Temporal in Parliament assembled, beg Leave to return Your Majesty our humble and dutiful Acknowledgements for Your Majesty's most gracious Speech from the Throne.
"Permit us to assure Your Majesty, that under Circumstances which require the united Vigilance and Exertion of all the Branches of the Legislature, to preserve to Your Majesty's Subjects the Continuance of those Advantages which they have hitherto enjoyed; it is a great Satisfaction to us, that Your Majesty, by meeting us in Parliament at this Conjuncture, has afforded us an Opportunity of manifesting our Loyalty to Your Majesty, and our Zeal for the dearest Interests of our Country.
"We have seen with the greatest Concern that the seditious Practices which were the Objects of Your Majesty's late Proclamation, and which were so strongly condemned by the Declaration of both Houses of Parliament, and by the general Sentiments of the People, have of late been more openly renewed, and with encreased Activity. We deeply lament that Spirit of Tumult and Disorder the natural Consequence of such Practices, which has shewn itself in different Acts of Riot and Insurrection, requiring the Interposition of a military Force in Support of the civil Magistrate. We are sensible that the Industry employed to excite Discontent on various Pretexts, and in different Parts of the Kingdom, has proceeded from a settled Design to attempt the Destruction of our happy Constitution, and the Subversion of all Order and Government; and we learn with the utmost Indignation, that this Design has been pursued in Connection and Concert with Persons in foreign Countries.
"We highly applaud the wise and generous Conduct adopted by Your Majesty in observing a strict Neutrality in the present War on the Continent, and in abstaining from any Interference with respect to the internal Affairs of France: but we beg Leave to assure Your Majesty that we fully participate in that serious Uneasiness so justly felt by Your Majesty on account of the strong and increasing Indications which have appeared in France, of an Intention to excite Disturbances in other Countries, to disregard the Rights of neutral Nations, and to pursue Views of Conquest and Aggrandisement, as well as to adopt towards Your Majesty's Allies, the States General, who have observed the same Neutrality with Your Majesty, Measures neither conformable to the Law of Nations, nor to the positive Stipulations of existing Treaties.
"We acknowledge with the deepest Gratitude Your Majesty's paternal Care for the Security and Happiness of Your People, which has led Your Majesty, on the present Occasion, to have Recourse to those Means of Prevention and internal Defence with which Your Majesty is intrusted by Law; and also to augment Your Majesty's naval and military Force; and we concur with Your Majesty in the Persuasion, that those Exertions are necessary in the present State of Affairs, and are best calculated both to maintain internal Tranquillity, and to render a firm and temperate Conduct effectual for preserving the Blessings of Peace; an Object which, however important in itself, is no otherwise desirable than as it can be attained consistently with the Security of these Kingdoms, and with the faithful Performance of Engagements which we are bound equally by Interest and Honour to fulfil.
"We congratulate Your Majesty on the brilliant Successes of the British Arms in India, under the able Conduct of the Marquis Cornwallis, and more especially on the Termination of the War in that Country by an advantageous and honourable Peace; to the Terms of which we look with peculiar Satisfaction, from their Tendency to secure the future Tranquillity of the British Dominions. We shall now apply our Attention to the forming such Arrangements for the future Government of those valuable Possessions, as Experience and Deliberation may recommend to us, with a View to the Prosperity of that Country, and to the Advantages which it may afford to the British Commerce and Revenue.
"We beg leave to assure Your Majesty, that we feel it to be our bounden Duty, and that it shall be the Object of our most immediate Consideration, to adopt all proper Measures for enforcing Obedience to the Laws, and for repressing every Attempt to disturb the Peace and Tranquillity of this Kingdom. We are not ignorant that on the Result of our Deliberations at this Moment, depend the present Security and permanent Prosperity of our Country: we well know that we can in no Manner better provide for these important and interesting Objects, than by manifesting in all our Conduct that affectionate Attachment which is so justly due to Your Majesty from every one of Your Subjects, and which is deeply impressed upon our Hearts; and by directing all our Counsels to the Defence and Maintenance of the Constitution, so dear to a People whose Liberties it has long protected, and whose Happiness it has essentially promoted: In endeavouring to preserve and transmit to our Posterity those inestimable Blessings, we know, from uniform Experience, that we may be assured of Your Majesty's Co-operation and Assistance; and we are confident that the united Efforts of Your Majesty and Your Parliament for this Purpose, will be rendered completely effectual by the decided Support of a free and loyal People."
Which Address, being read by the Clerk, was agreed to by the House.
Ordered, That the said Address be presented to His Majesty by the whole House.
Ordered, That the Lords with White Staves do wait on His Majesty, humbly to know what Time His Majesty will please to appoint, to be attended therewith.
Committee of Privileges.
Lords Committees appointed to consider of the Orders and Customs of this House, and Privileges of Parliament, and of the Peers of Great Britain, and Lords of Parliament.
Their Lordships, or any Seven of them, to meet on Monday next, at Ten o'Clock in the House of Peers and every Monday after; and to adjourn as they please.
Committee for the Journals.
Lords Sub-Committees appointed to consider of the Orders and Customs of this House, and of the Privileges of the Peers of Great Britain, and Lords of Parliament; and to peruse and perfect the Journals of this and former Sessions of Parliament.
Their Lordships, or any Three of them, to meet when, where, and as often as they please.
Stoppages in the Streets, Order to prevent.
The House taking Notice, "That there is such an Interruption, by Hackney Coaches, Carts, and Drays, in the Streets and Passages leading to this House, that the Lords and others are frequently hindered from coming thereto:"
It is thereupon Ordered by the Lords Spiritual and Temporal in Parliament assembled, That the High Steward of the City of Westminster, or his Deputy, together with the Justices of the Peace of the said City, shall, by their strict Care and Directions to the Constables, and other Officers within their Jurisdiction, take special Order, that no empty Hackney Coaches be suffered to make any stay between Whitehall and the End of Abingdon Street, in Westminster, from Twelve of the Clock at Noon until Five of the Clock in the Afternoon of the same Day, during the Sitting of this Parliament; and that no Carriages, Drays, or Carts be permitted to stop in the Streets and Passages between the End of Market Lane, in Pall Mall, and the End of Abingdon Street, between the Hours aforesaid, or to pass through the Old Palace Yard, from One of the Clock in the Afternoon until one Hour after the Rising of this House, during the Sitting of this Parliament: And that all Carriages, Drays, or Carts, hereby permitted to pass through the said Streets and Passages, be obliged to go one after another, in the Manner following; (that is to say) All Carriages, Drays, or Carts, going towards Westminster, to keep on the Side of the Street or Passage next to Saint James's Park; and all those going the contrary Way, to keep on the other Side of the Street, and upon no Account whatsoever to presume to go two or more abreast during the Sitting of this Parliament: And herein special Care is to be taken, by the said Deputy Steward, Justices of the Peace, Constables, and all other Officers herein concerned, as the contrary will be answered to this House. And it is further Ordered, That the High Bailiff of the City of Westminster, and the Justices of the Peace for the City and Liberty thereof, or some of them residing in Westminster, be served with the Order of this House, made this Day for the Purposes aforesaid.
Adjourn.
Dominus Kenyon, Capitalis Justiciarius Banci Regis, declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, decimum quartum diem instantis Decembris, horâ undecimâ Auroræ, Dominis sic decernentibus.
DIE Veneris, 14o Decembris 1792.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
The Lord Kenyon sat Speaker, by virtue of a former Commission.
His Majesty to be attended with Address.
The Lord Chamberlain reported, "That the Lords, with White Staves, had (according to Order) waited on His Majesty, humbly to know what Time His Majesty would please to appoint to be attended with Their Lordships' Address; and that His Majesty had appointed this Day, at Half past Two o'Clock, at His Palace of Saint James's."
Reid and Co. against Coatts, et al.
Upon reading the Petition and Appeal of Messieurs Patrick Reid, David King and Company, Merchants in New York, and others, complaining of Two Interlocutors of the Lord Ordinary in Scotland, of the 20th of November 1790, and 1st of June 1791; and also of Two Interlocutors of the Lords of Session there, of the 13th of December 1791, and 17th of January 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 Messieurs Archibald and John Coatts, of Glasgow, and others, Defenders, may be required to answer the said Appeal:"
It is Ordered, That the said Messieurs Archibald and John Coatts and others, Defenders, 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 11th Day of January next; and Service of this Order upon the said Respondents, or upon any of their known Counsel or Agents in the Court of Session in Scotland shall be deemed good Service.
Aglianby against Maxwell and Welsh:
Upon reading the Petition and Appeal of Mrs. Sarah Aglianby, otherwise Lowthian, Widow, the Relict of Richard Lowthian, late of Staffold, Esquire, complaining of Six Interlocutors of the Lords of Session in Scotland, of the 7th and 12th of February 1789, the 26th of February 1791, two of the 3d of July 1792, and one of the 20th of November 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 Maxwell, of Terraughty, and John Welsh, Sheriff Substitute of Dumfries, Trustees of George Ross, late Merchant in Dumfries, may be required to answer the said Appeal:"
It is Ordered, That the said John Maxwell and John Welsh 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 11th Day of January next; and Service of this Order, upon the said Respondents, or upon any of their known Counsel or Agents in the Court of Session in Scotland, shall be deemed good Service.
Chalmer to enter into Recognizance on said Appeal.
The House being moved, "That James Chalmer, of Abingdon Street, Westminster, Gentleman, may be permitted to enter into a Recognizance for Mrs. Sarah Aglianby, on Account of her Appeal depending in this House, she living in Scotland:"
It is Ordered, That the said James Chalmer may enter into a Recognizance for the said Appellant, as desired.
Gordon against Home et al.
Upon reading the Petition and Appeal of Alexander Gordon, of Culvenan, Esquire, Advocate; complaining of two interlocutors of the Lord Ordinary in Scotland, of the 24th of December 1791, and 14th of February 1792, and also of Two Interlocutors of the Lords of Session there, of the 16th of June and 11th of July 1792; and praying, "That the same 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 George Home, of Branston, Esquire, and the other Pursuers in the Action against the Appellant, who assume the Title of Douglas Heron and Company, late Bankers in Ayr, may be required to answer the said Appeal:"
It is Ordered, That the said George Home and the said other Pursuers 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 11th Day of January next; and Service of this Order upon the said Respondents, or upon any of their known Counsel or Agents in the Court of Session in Scotland, shall be deemed good Service.
Chalmer to enter into Recognizance on said Appeal.
The House being moved, "That James Chalmer, of Abingdon Street, Westminster, Gentleman, may be permitted to enter into a Recognizance for Alexander Gordon Esquire, 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.
Allen against Doe:
Upon reading the Petition of John Doe, Defendant in a Writ of Error depending in this House, wherein John Allen is Plaintiff; setting forth, "That the said Plaintiff has not assigned Errors within the Time limited by their Lordships' Standing Order;" and therefore praying, "That the said Writ of Error may be Nonpros'd with such Costs as to their Lordships shall seem meet;"
Writ of Error Non-pros'd with Costs.
It is Ordered, That the Petitioner do forthwith enter a Nonpros on the said Writ of Error, as desired; and that the Record be remitted to the Court of King's Bench, to the end Execution may be had upon the Judgement given by that Court, as if no such Writ of Error had been brought into this House: and further, that the Plaintiff in Error do pay or cause to be paid to the Defendant in Error, the Sum of Forty Pounds for his Costs, by reason of the Delay of the Execution of the said Judgement.
Adjourn.
Dominus Kenyon, Capitalis Justiciarius Banci Regis, declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, decimum septimum diem instantis Decembris, horâ undecimâ Auroræ, Dominis sic decernentibus.
DIE Lunæ, 17o Decembris 1792.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
The Lord Kenyon sat Speaker, by virtue of a former Commission.
King's Answer to Address.
The Lord Speaker reported, "That the House did on Friday last present their Address to His Majesty, to which His Majesty was pleased to return the following most gracious Answer:
"My Lords,
"I thank you for this very loyal and dutiful Address. Your Expressions of affectionate Attachment to My Person, and of Zeal for the Maintenance of the Constitution, are peculiarly acceptable to Me at this Conjuncture; and I am satisfied, that whatever may be the Course of future Events, the Spirit and Loyalty which you have manifested on this Occasion, will be productive of the happiest Consequences to My People."
Ordered, That the said Address, together with His Majesty's most gracious Answer thereto, be forthwith printed and published.
Menzies against Menzies et al.
Upon reading the Petition of John Menzies Esquire, Appellant in a Cause depending in this House, to which Elizabeth Mackenzie Menzies and others are Respondents; setting forth, "That the Petitioner has appealed from two Interlocutors of the Court of Session in Scotland, the one dated the 24th Day of June 1785, in so far as it was thereby found and declared by the Court, that James Menzies therein named was not an Heir of Entail under the Deed of 1697, therein mentioned, but a Disponee, and therefore had Power to make the Deed also therein mentioned and remitted to the Lord Ordinary to proceed accordingly: That the Petitioner is advised that the said Appeal is erroneous, in so far as it prays a Reversal or Amendment of that Part of the said Interlocutor by which the Cause was remitted to the Lord Ordinary, and being desirous that the same should be amended;" the Petitioner humbly prays, "That Their Lordships will be pleased to order that the Petitioner may be at Liberty to amend his said Appeal, by striking out the Words, and it is remitted to the Lord Ordinary to proceed accordingly," the Petitioner being willing to amend the Respondents' Copy:"
It is Ordered, That the Petitioner be at Liberty to amend his said Appeal, as desired, he amending the Respondents' Copy.
Scott against Pate et al.
The House being informed, "That Christian Pate and others, Respondents to the Appeal of Ninian Scott, of Carcoside, Esquire, had not put in their Answer to the said Appeal, though duly served with the Order of this House for that Purpose:"
And thereupon an Affidavit of Nathaniel Grant, Writer in Edinburgh, of the due Service of the said Order, being read:
Ordered, That the said Respondents do put in their Answer to the said Appeal, peremptorily in a Week.
Sir R. Anstruther against Sir J. Anstruther:
Upon reading the Petition and Appeal of Sir Robert Anstruther, of Balcaskie, Baronet, complaining of two Interlocutors of the Lord Ordinary in Scotland, of the 26th of June and 31st of July 1787; also of two Interlocutors of the Lords of Session there, of the 5th of March and 18th of June 1788; also of another Interlocutor of the said Lord Ordinary, of the 24th of June 1788; and also of two other Interlocutors of the said Lords, of the 18th of February and 9th 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 Sir John Anstruther, of Anstruther, Baronet, may be required to answer the said Appeal:"
It is Ordered, That the said Sir John Anstruther may have a Copy of the said Appeal, and do put in his Answer thereunto in Writing, on or before Monday the 14th Day of January next; and Service of this Order upon the said Respondent, or upon any of his known Counsel or Agents in the Court of Session in Scotland, shall be deemed good Service.
Mundell to enter into Recognizance on said Appeal.
The House being moved, "That Alexander Mundell, of the Inner Temple, Gentleman, may be permitted to enter into a Recognizance for Sir Robert Anstruther Baronet, on account of his Appeal depending in this House, he residing in Scotland:"
It is Ordered, That the said Alexander Mundell may enter into a Recognizance for the said Appellant, as desired.
His Majesty's Advocate against Milne in Error.
A Petition of His Majesty's Advocate General for Scotland, Plaintiff in a Writ of Error depending in this House, wherein John Milne is Defendant, which stands appointed for hearing, was presented and read; setting forth, "That the Defendant in Error hath not yet rejoined, and the Plaintiff in Error is desirous that the Cause be put off to the next Session of Parliament:" and therefore praying Their Lordships, "To put off this Cause to the next Session of Parliament."
And thereupon the Agent for the Petitioner was called in, and heard at the Bar; and being withdrawn:
Ordered, That the Hearing of the said Cause be put off to the next Session of Parliament, as desired.
Debtor's Relief Bill.
The Lord Loughborough presented to the House a Bill, intituled, "An Act for the further Relief of Debtors, with respect to the Imprisonment of their Persons; and to oblige Debtors, who shall continue in Execution in Prison beyond a certain Time, and for Sums not exceeding what are mentioned in the Act, to make Discovery of and deliver upon Oath their Estates, for their Creditors' Benefit."
The said Bill was read the First Time.
Thanks of the House to Marquis Cornwallis, et al.
Ordered, Nemine Dissentiente, That the Thanks of this House be given to the Marquis Cornwallis, for his distinguished military Services in India, and for the Termination of the War in that Country by an advantageous and honourable Peace.
Ordered, That the Lord Speaker of this House do give his Lordship the same, when his Lordship is in his Place in this House.
Ordered, Nemine Dissentiente, That the Thanks of this House be given to Major-General Medows and Major-General Abercrombie, for their late important military Services in India.
Ordered, That the Lord Speaker of this House do transmit the said Resolution to Major-General Medows and to Major-General Abercrombie.
Ordered, That this House does highly approve of and acknowledge the Services of the Officers and Troops employed in the British Service in India.
Ordered, That the Lord Speaker of this House do transmit the said Resolution to the Commander in Chief of the British Forces in India for the Time being, and that he do signify the same to the several Corps.
Corn, Orders in Counsel respecting, delivered.
The Lord Grenville (by His Majesty's Command) laid before the House,
"Copy of His Majesty's Order in Council, prohibiting the Exportation of Wheat and Wheat Flour until the 1st of March 1793, dated 9th November 1792." And also, "Copy of His Majesty's Order in Council prohibiting the Exportation of Barley, Beer, or Bigg, or Meal, Flour, Malt, Bread, or Biscuit, made of Barley, Beer, or Bigg, until the 1st of March 1793, dated 5th December 1792."
And the Titles thereof being read by the Clerk:
Ordered, That the said Copies do lie on the Table.
Hastings' Trial deferred:
It was moved, "That the Order made on the 12th of June last, for the House to proceed further in the Trial of Warren Hastings Esquire, on the second Tuesday in the next Session of Parliament; be now read."
The same was accordingly read by the Clerk.
Ordered, That the said Order be discharged.
Ordered, That this House do proceed further in the Trial of Warren Hastings Esquire, on Tuesday the 12th Day of February next, at Ten o'Clock, in Westminster Hall.
Message to H. C. to acquaint them therewith.
A Message was sent to the House of Commons, by Mr. Eames and Mr. Montagu, to acquaint them therewith.
Election of Peers for Scotland, Committee to meet. Judges to attend.
Ordered, That the Committee for Privileges do meet to take into further Consideration the several Petitions referred to them relative to the late Return of the Peers chosen for Scotland, on the first Wednesday after the Recess at Christmas; and that the Judges do then attend, to deliver their Opinions upon the Question of Law submitted to them on the 14th Day of June last.
Adjourn.
Dominus Kenyon, Capitalis Justiciarius Banci Regis, declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, decimum nonum diem instantis Decembris, horâ undecimâ Auroræ, Dominis sic decernentibus.
DIE Mercurii, 19o Decembris 1792.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
The Lord Kenyon sat Speaker, by virtue of a former Commission.
Chatto's against French et al. in Error.
The Lord Kenyon, Lord Chief Justice of the Court of King's Bench, in the usual Manner, delivered in at the Table a Writ of Error, wherein
Alexander Chatto and William Chatto are Plaintiffs,
and
Valentine French and others are Defendants.
Crichton against Mackay.
Upon reading the Petition of Alexander Chrichton, Appellant in a Cause depending in this House, to which Mary Mackay is Respondent; setting forth, "That the Petitioner, some Time ago, presented his Appeal to Their Lordships from certain Interlocutors of the Court of Session in Scotland, in a Cause between the Appellant and Respondent, to which the Respondent has not yet put in any Answer: That the Petitioner, in stating his said Appeal, has, by Mistake, complained of an Interlocutor, dated the 12th of December 1787, whereas the same ought to have been dated the 22d Day of December 1787;" and therefore praying, "That he may be at Liberty to amend his said Appeal, by inserting the proper Date of the aforesaid Interlocutor in his said Appeal:"
It is Ordered, That the Petitioner be at Liberty to amend his said Appeal, as desired, he amending the Respondent's Copy.
Banks et al. against Jaffray et al.
The House being informed, "That Henry Jaffray and others, Respondents to the Appeal of Robert Banks, Senior, Merchant in Stirling, and others, 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 William Blair, Clerk to the Signet in Scotland, 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.
Kerr against Redhead.
Upon reading the Petition and Appeal of Robert Kerr, of Chatto, Esquire, complaining of Three Interlocutors of the Lords of Session in Scotland, of the 19th of June, the 10th of July, and 27th of November 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's great Wisdom, shall seem just; and that William Redhead, now Tenant in Chatto, may be required to answer the said Appeal:"
It is Ordered, That the said William Redhead may have a Copy of the said Appeal, and do put in his Answer thereunto in Writing, on or before Wednesday the 16th Day of January next; and Service of this Order upon the said Respondent, or upon any of his known Counsel or Agents in the Court of Session in Scotland, shall be deemed good Service.
Chalmer to enter into Recognizance on said Appeal.
The House being moved, "That James Chalmer, of Abingdon Street, Westminster, Gentleman, may be permitted to enter into a Recognizance for Robert Kerr Esquire, 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. Galloway against Campbell.
Upon reading the Petition and Appeal of John Earl of Galloway, complaining of Three Interlocutors of the Lord Ordinary in Scotland, of the 18th of December 1789, and 15th of June and 19th of July 1791; and also of Two Interlocutors of the Lords of Session there, of the 1st of December 1791, and 27th of November 1792, in so far as the Interlocutors of the Lord Ordinary are thereby adhered to; 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 Patrick Campbell, Writer in Edinburgh, may be required to answer the said Appeal:"
It is Ordered, That the said Patrick Campbell may have a Copy of the said Appeal, and do put in his Answer thereunto in Writing, on or before Wednesday the 16th Day of January next; and Service of this Order upon the said Respondent, or upon any of his known Counsel or Agents in the Court of Session in Scotland, shall be deemed good Service.
Debtors Relief Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for the further Relief of Debtors with respect to the Imprisonment of their Persons; and to oblige Debtors, who shall continue in Execution in Prison beyond a certain Time, and for Sums not exceeding what are mentioned in the Act, to make Discovery of, and deliver, upon Oath, their Estates for their Creditors' Benefit."
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.
Prohibited East India Goods, &c.
The House being informed, "That some of the Commissioners of the Customs attended:"
Accounts delivered.
They were called in, and delivered at the Bar, pursuant to the several Acts of Parliament, the Return of the said Commissioners, with the following Accounts; (videlicet)
No. 1. "An Account of prohibited East India Goods imported into St. Helens, and Private Trade Warehouse in the Port of London, from Michaelmas 1791 to Michaelmas 1792, what delivered out for Exportation during that Period, and what remained in the said Warehouse at Michaelmas 1792."
2. "An Account of prohibited East India Goods imported into Leadenhall Warehouse, in the Port of London, from Michaelmas 1791 to Michaelmas 1792; also what exported during that Time, and what remained in the said Warehouse at Michaelmas 1792."
3. "An Account of prohibited East India Goods remaining in His Majesty's Warehouse, in the Port of London, at Michaelmas 1791, what have been since brought in, what exported, as also what remained at Michaelmas 1792."
4. "An Account of East India Goods, prohibited to be worn in this Kingdom, in the respective Warehouses in the Out Ports at Michaelmas 1791, what have been since brought in, what exported, as also what remained at Michaelmas 1792."
5. "An Account of prohibited East India Goods which have been delivered out of the Warehouses at St. Helen's, Leadenhall, Billiter Lane, and the Custom-house, in the Port of London, since Michaelmas 1791, in order to be dyed, glazed, and refreshed, what have been returned, and what remained out at Michaelmas 1792."
6. "An Account of Naval Stores imported from Russia into the Port of London, from Michaelmas 1791, to Michaelmas 1792."
7. "An Account of Naval Stores imported from Russia into the Ports of England, commonly called the Out Ports, from Michaelmas 1791, to Michaelmas 1792."
8. "An Account of the Number of Ships which have been employed in the Whale Fishery to Davis's Streights, and the Greenland Seas, distinguishing their Names, Tonnage, Ports from whence they were fitted out, Ports where discharged, and also the Quantity of Blubber imported in each Ship in the Year 1792."
And then they withdrew.
And the Titles thereof being read by the Clerk:
Ordered, That the said Accounts do lie on the Table.
Wilson to enter into Recognizance on Reid's Appeal.
The House being moved, "That Bruce Wilson, of Mark Lane in the City of London, Merchant, may be permitted to enter into a Recognizance for Messieurs Patrick Reid, David King and Company, Merchants, and others, on Account of their Appeal depending in this House, they living in Scotland:"
It is Ordered, That the said Bruce Wilson, may enter into a Recognizance for the said Appellants, as desired.
Clunes against Gordon et al.
The House being moved, "That a Day may be appointed for hearing the Cause wherein Captain Gordon Clunes of Whitehill is Appellant, and Robert Home Gordon, of Embo, Esquire, 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.
Matheson against Gordon et al.
The House being moved, "That a Day may be appointed for hearing the Cause wherein Captain Donald Matheson of Skiness is Appellant, and Robert Home Gordon, of Embo, Esquire, 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.
Sutherland against Gordon et al.
The House being moved, "That a Day may be appointed for hearing the Cause wherein Captain Alexander Sutherland is Appellant, and Robert Home Gordon, of Embo, Esquire, 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.
Mackenzie against Gordon et al.
The House being moved, "That a Day may be appointed for hearing the Cause wherein Alexander Mackenzie is Appellant, and Robert Home Gordon, of Embo, Esquire, 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.
Aliens Bill.
The Lord Grenville presented to the House a Bill, intituled, "An Act for establishing Regulations respecting Aliens arriving in this Kingdom, or resident therein, in certain Cases."
The said Bill was read the First Time.
Ordered, That the said Bill be printed.
Adjourn.
Dominus Kenyon, Capitalis Justiciarius Banci Regis, declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, vicesimum diem instantis Decembris, horâ undecimâ Auroræ, Dominis sic decernentibus.
DIE Jovis, 20o Decembris 1792.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
The Lord Kenyon sat Speaker, by virtue of a former Commission.
Campbell et al. against Russell & Co.
The Answer of Francis Russel and Company, to the Appeal of Messieurs Campbell and others, Underwriters in Greenock, was this Day brought in.
Douglas against Balfour:
Upon reading the Petition of Samuel Douglas, Appellant in a Cause depending in this House, and of John Balfour Respondent thereto, which stands appointed for Hearing setting forth, "That the Matters in Dispute between the Parties being now amicably settled, they humbly pray Their Lordships, that they may be at Liberty to withdraw the said Appeal:"
Appeal withdrawn.
It is Ordered, That the Petitioners be at Liberty to withdraw the said Appeal, as desired.
Colquhoun et al. against Buchanan et al.
Upon reading the Petition of James Colquhoun Esquire, and others, Appellants in a Cause depending in this House, to which John Buchanan and others, are Respondents; setting forth, "That the Petitioners presented their Appeal against several Interlocutors of the Court of Session in Scotland, pronounced in a Process of Suspension brought by John Buchanan, Walter Buchanan, and James Dougal, against the Petitioner James Colquhoun, and the said Appeal is now depending: That in the said Appeal it was erroneously stated, that one Archibald Edmonstone was a Party to the said Proceedings in the Court of Session, and he was in Consequence made a Party to the Appeal; and it being proper that the said Appeal should in that respect be amended," the Petitioners humbly pray, That their Lordships will permit them to amend the said Appeal, by striking out the Name of the said Archibald Edmonstone as a Party thereto, they amending the Respondents' Copy:"
It is Ordered, That the Petitioners be at Liberty to amend their said Appeal, as desired, they amending the Respondents' Copy.
Debtors Relief Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for the further Relief of Debtors with respect to the Imprisonment of their Persons, and to oblige Debtors, who shall continue in Execution in Prison beyond a certain Time, and for Sums not exceeding what are mentioned in the Act, to make Discovery of, and deliver, upon Oath, their Estates for their Creditors' Benefit."
After some Time, the House was resumed:
And the Lord Viscount Sydney reported from the Committee, "That they had gone through the Bill, and made some Amendments thereto, which he was ready to report when the House will please to receive the same."
Ordered, That the said Report be received Tomorrow.
Aliens Bill.
Ordered, That the Bill, intituled, "An Act for establishing Regulations respecting Aliens arriving in this Kingdom, or resident therein in certain Cases;" be read a Second Time To-morrow; and that the Lords be summoned.
Adjourn.
Dominus Kenyon, Capitalis Justiciarius Banci Regis, declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, vicesimum primum diem instantis Decembris, horâ undecimâ Auroræ, Dominis sic decernentibus.