House of Lords Journal Volume 39: January 1793 1-10

January 1793 1-10

DIE Martis, 1^o Januarii 1793.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

The Lord Kenyon sat Speaker, by virtue of a former Commission.

Naval Stores Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable His Majesty to restrain the Exportation of Naval Stores, and more effectually to prevent the Exportation of Salt Petre, Arms, and Ammunition, when prohibited by Proclamation, or Order in Council."

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

It was resolved in the Affirmative.

French Notes, Circulation of, to prevent, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to prohibit the Circulation of Promissory or other Notes, Orders, Undertakings, or Obligations, for the Payment of any Sum or Sums of Money, or for any other Consideration created and issued under or in the Name of any Public Authority in France."

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 Two preceding Bills.

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

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

Fossett against Daws, 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

Henry Short Fossett is Plaintiff,
and
Mark Daws Defendant.

Debtors Relief Bill.

A Message was brought from the House of Commons, by the Master of the Rolls and others:

To return 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;" and to acquaint this House, That they have agreed to the same with some Amendments, to which they desire their Lordships' Concurrence.

Hansen's for a Naturalization Bill:

Upon reading the Petition of Peter Peterson Hansen, and Otto Hinrick Hansen, praying Leave to bring in a Bill for their Naturalization:

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

Bill presented.

Accordingly the Lord Douglas of Lochleven presented to the House a Bill, intituled, "An Act for naturalizing Peter Peterson Hansen and Otto Hinrick Hansen."

The said Bill was read the First Time.

Heaton's Petition referred to Judges.

Upon reading the Petition of Sarah Heaton, of Denbigh in the County of Denbigh, Widow, on Behalf of John Heaton her Infant Son, 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 Thomson, who are forthwith to summon all Parties concerned in the Bill, and, after hearing them, are to report to the House the State of the Case, with their Opinion thereupon under their Hands; and whether all Parties, who may be concerned in the Consequences of the Bill, have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

Adjourn.

Dominus Kenyon, Capitalis Justiciarius Banci Regis, declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, tertium diem instantis Januarii, horâ undecimâ Auroræ, Dominus sic decernentibus.

DIE Jovis, 3^o Januarii 1793.

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 Chamberlain reported, "That the Lords, with white Staves, had (according to Order) waited on His Majesty with Their Lordships' Address of Saturday last; and that His Majesty was pleased to say, "He would give Directions accordingly."

Debtors Relief Bill.

The House proceeded to take into Consideration the Amendments made by the Commons, to 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."

And the same, being read Three Times by the Clerk, were agreed to by the House.

And a Message was sent to the House of Commons by Mr. Ord and Mr. Walker, to acquaint them therewith.

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:

Worthington against the King.

In the First of which,
William Worthington is Plaintiff,
and
The King Defendant.

Smith against the King.

In the Second,
William Smith is Plaintiff,
and
The King Defendant.

Serani and Faucher against Balcetti.

In the Third,
Stephen Serani and Joseph Faucher are Plaintiffs,
and
Joseph Balcetti is Defendant.

Duchess of Cumberland against Wallace and Wakelin.

And in the Last,
Anne Duchess Dowager of Cumberland is Plaintiff,
and
Samuel Wallace and John Wakelin are Defendants.

Hansen's take the Oaths in order to their Naturalization.

Peter Peterson Hansen, and Otto Hinrick Hansen took the Oaths appointed, in order to their Naturalization.

Hodie 2^a vice lecta est Billa, intituled, "An Act for naturalizing Peter Peterson Hansen and Otto Hinrick Hansen."

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

Their Lordships, or any Five of them, to meet on Monday next, at Ten o'Clock in the Forenoon, in the Prince's Lodgings, near the House of Peers; 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 Bill stands committed, be added to the said Committee.

Adjourn.

Dominus Kenyon, Capitalis Justiciaris Banci Regis, declaravit præsens Parliamentum continuandum esse usque ad et in diem Sabbati, quintum diem instantis Januarii, horâ undecimâ Auroræ, Dominis sic decernentibus.

DIE Sabbati, 5^o Januarii 1793.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

The Lord Kenyon sat Speaker, by virtue of a former Commission.

Ladbroke's Petition referred to Judges.

Upon reading the Petition of Robert Ladbroke Esquire, eldest Son and Heir of Sir Robert Ladbroke, Knight, deceased, and Robert Ladbroke the Younger, Esquire, eldest Son and Heir Apparent of the said Robert Ladbroke, and Felix Calvert Ladbroke Esquire, second Son of the said Robert Ladbroke, 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. Justice Grose, 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 Persons, 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.

Aliens Bill.

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

To return the Bill, intituled, "An Act for establishing Regulations respecting Aliens arriving in this Kingdom, or resident therein, in certain Cases;" and to acquaint this House, That they have agreed to the same with several Amendments, to which they desire Their Lordships' Concurrence.

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

Ordered, That the said Amendments be taken into Consideration on Monday next.

Harrisons against Curtis et al. in Error.

The House being moved, "That a Day may be appointed for hearing Counsel to argue the Errors assigned upon the Writ of Error, wherein William Harrison and John Harrison are Plaintiffs, and William Curtis and others are Defendants:"

It is Ordered, That this House will hear the said Errors argued by Counsel at the Bar, on the first vacant Day for Causes after those already appointed.

Adjourn.

Dominus Kenyon, Capitalis Justiciarius Banci Regis, declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, septimum diem instantis Januarii, horâ undecimâ Auroræ, Dominis sic decernentibus.

DIE Lunæ, 7^o Januarii 1793.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

The Lord Kenyon sat Speaker, by virtue of a former Commission.

Hansen's Naturalization Bill.

The Earl Bathurst reported from the Lords Committees, to whom the Bill, intituled, "An Act for naturalizing Peter Peterson Hansen and Otto Hinrick Hansen," 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."

Ordered, That the said Bill be engrossed.

Whale Fishery and Northern Lighthouses, Accounts delivered.

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

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

"An Account of what Number of Ships or Vessels from Scotland have been employed in the Whale Fishery to Davis's Streights and the Greenland Seas, with their respective Names and Burthens, from whence they were fitted out, and at what Port discharged, and also what Quantity of Oil or Blubber or Whale Fins each Ship has imported, from the 10th October 1791, to the 10th October 1792."

And also, "Abstract of the Accounts of the Commissioners appointed by Act of Parliament for erecting Light-houses on the Northern Parts of Great Britain."

And then he withdrew.

And the Titles thereof being read by the Clerk:

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

Aliens Bill.

The Order of the Day being read for taking into Consideration the Amendments made by the Commons to the Bill, intituled, "An Act for establishing Regulations respecting Aliens arriving in this Kingdom, or resident therein, in certain Cases:"

The House proceeded to take the said Amendments into Consideration.

And the same, being read three Times by the Clerk, were agreed to by the House.

And a Message was sent to the House of Commons, by Mr. Holford and Mr. Graves, to acquaint them therewith.

Hastings' Trial deferred:

It was moved, "That the Order made on the 17th Day of December last, for the House to proceed further in the Trial of Warren Hastings Esquire, on Tuesday the 12th Day of February next, 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 Thursday the 14th 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 the former Messengers, to acquaint them therewith.

Election of Peers for Scotland, Committee deferred.

Ordered, That the Sitting of the Committee for Privileges, to whom is referred the several Petitions relative to the Return of the Peers chosen for that Part of Great Britain called Scotland, which stands appointed for the first Wednesday after the Recess at Christmas, be put off to the first Thursday after the Recess; 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.

Judges Reports, Limitation of.

Ordered, That this House will not receive any Report from the Judges upon Petitions presented to this House for Private Bills after Thursday the 11th Day of April next.

Adjourn.

Dominus Kenyon, Capitalis Justiciarius Banci Regis, declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, octavum diem instantis Januarii, horâ undecimâ Auroræ, Dominis sic decernentibus.

DIE Martis, 8^o Januarii 1793.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

The Lord Kenyon sat Speaker, by virtue of a former Commission.

Addison et al. against Row.

The Answer of William Row, Merchant in Newcastleupon-Tyne, to the Appeal of Charles Addison and Sons, Merchants in Borrowstownness, and James Pottinger, Master of the Greenland Ship Caledonia, was this Day brought in.

Hansen's Naturalization Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for naturalizing Peter Peterson Hansen and Otto Hinrick Hansen."

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

It was resolved in the Affirmative.

Message to H. C. with it.

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

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

Addison et al. against Row.

The House being moved, "That a Day may be appointed for hearing the Cause, wherein Charles Addison and others are Appellants, and William Row is Respondent:"

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

Bills passed by Commission.

The Lord Speaker acquainted the House, "That His Majesty had been pleased to issue a Commission to several Lords therein named, for declaring His Royal Assent to several Acts agreed upon by both Houses of Parliament."

The House was adjourned during Pleasure.

The House was resumed.

Then Three of the Lords Commissioners, being in their Robes, and seated on a Form placed between the Throne and the Woolsack, the Lord Speaker in the Middle, with the Earl Graham on his Right Hand, and the Lord Grenville on his Left, commanded the Gentleman Usher of the Black Rod to signify to the Commons, "The Lords Commissioners desire their immediate Attendance in this House, to hear the Commission read."

Who being come, with their Speaker;

The Lord Speaker said,

"My Lords, and Gentlemen of the House of Commons,

"His Majesty, not thinking fit to be personally present here at this Time, has been pleased to cause a Commission to be issued under the Great Seal, and thereby given His Royal Assent to divers Acts, which have been agreed upon by both Houses of Parliament, the Titles whereof are particularly mentioned; and by the said Commission hath commanded Us to declare and notify His Royal Assent to the said several Acts, in the Presence of you the Lords and Commons assembled for that Purpose; which Commission you will now hear read."

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

"GEORGE R.

"George the Third, by the Grace of God, of Great Britain, France, and Ireland, King, Defender of the Faith, and so forth: To our right trusty and right well-beloved, the Lords Spiritual and Temporal, and to Our trusty and well-beloved the Knights, Citizens and Burgesses, and the Commissioners for Shires and Burghs of the House of Commons, in this present Parliament assembled, Greeting: Whereas, We have seen and perfectly understood divers and sundry Acts agreed and accorded on by you Our loving Subjects, the Lords Spiritual and Temporal, and the Commons, in this Our present Parliament assembled, and endorsed by you as hath been accustomed, the Titles and Names of which Acts hereafter do particularly ensue: (that is to say) An Act for establishing Regulations respecting Aliens arriving in this Kingdom, or resident therein, in certain Cases." "An Act to prohibit the Circulation of Promissory or other Notes, Orders, Undertakings, or Obligations, for the Payment of any Sum or Sums of Money, or for any other Consideration created and issued under, or in the Name of any Public Authority in France." "An Act for indemnifying all Persons who have been concerned in advising, or carrying into Execution, an Order of Council respecting the Exportation of Wheat and Wheat Flour, for preventing Suits in consequence of the same, and for making further Provisions relative thereto; and also for authorizing His Majesty to prohibit the Exportation of Corn, Meal, Flour, Bread, Biscuit, and Potatoes, and to permit the Importation of Corn, Meal, or Flour, on the low Duties." "An Act to enable His Majesty to restrain the Exportation of Naval Stores, and more effectually to prevent the Exportation of Salt Petre, Arms, and Ammunition, when prohibited by Proclamation or Order in Council." 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." "And albeit the said Acts by you Our said Subjects the Lords and Commons, in this Our present Parliament assembled, are fully agreed and consented unto, yet nevertheless the same are not of Force and Effect in the Law without Our Royal Assent given and put to the said Acts; and forasmuch as for divers Causes and Considerations, We cannot conveniently at this Time be present in Our Royal Person, in the Higher House of Our said Parliament, being the Place accustomed to give our Royal Assent to such Acts as have been agreed upon by you Our said Subjects the Lords and Commons, We have therefore caused these Our Letters Patent to be made, and have signed the same; and by the same do give and put Our Royal Assent to the said Acts, and to all Articles, Clauses, and Provisions therein contained, and have fully agreed and assented to the said Acts; Willing that the said Acts, and every Article, Clause, Sentence, and Provision therein contained, from henceforth shall be of the same Strength, Force, and Effect, as if We had been personally present in the said Higher House, and had openly and publickly in the Presence of you all assented to the same: And we do by these Presents declare and notify the same Our Royal Assent as well to you the Lords Spiritual and Temporal, and Commons aforesaid, as to all others whom it may concern: Commanding also, by these Presents, Our right trusty and well-beloved Counsellor Sir James Eyre Knight, Chief Baron of Our Court of Exchequer and Our trusty and well-beloved Sir William Henry Ashhurst Knight, One of Our Justices assigned to hold Pleas before Us, and Sir John Wilson Knight, One of the Justices of Our Court of Common Pleas, Our Commissioners for the Custody of Our Great Seal of Great Britain to seal these our Letters Patent with Our Great Seal of Great Britain; And also, commanding Our most dear and entirely beloved Son and most faithful Counsellor George Prince of Wales; Our most dear Sons and faithful Counsellors Frederick Duke of York, William Duke of Clarence; Our most dear Brother and faithful Counsellor William Duke of Gloucester; the Most Reverend Father in God Our right trusty and wellbeloved Counsellor John Archbishop of Canterbury, Primate and Metropolitan of all England; Our right trusty and right well-beloved Cousin and Counsellor Charles Earl Camden, President of Our Council; Our right trusty and entirely beloved Cousin and Counsellor Granville Marquis of Stafford, Keeper of Our Privy Seal; Our right trusty and right entirely beloved Cousins and Counsellors John Frederick Duke of Dorset, Steward of Our Household; Charles Duke of Richmond; James Duke of Montrose, Master of Our Horse; Our right trusty and entirely beloved Cousins and Counsellors James Marquis of Salisbury, Chamberlain of our Household; Thomas Marquis of Bath, Groom of Our Stole; Our right trusty and right well-beloved Cousin and Counsellor John Earl of Chatham, First Commissioner of our Admiralty; and Our right-trusty and well-beloved Counsellors William Wyndham Lord Grenville, One of Our Principal Secretaries of State; Charles Lord Hawkesbury; and Lloyd Lord Kenyon, Our Chief Justice assigned to hold Pleas before Us, or any Three or more of them, to declare and notify this Our Royal Assent in Our Absence in the said Higher House, in the Presence of you the said Lords and the Commons of Our Parliament, there to be assembled for that Purpose, and the Clerk of our Parliaments to endorse the said Acts with such Terms and Words in Our Name, as is requisite, and hath been accustomed for the same; and also to enroll these Our Letters Patent, and the said Acts in the Parliament Roll, and these Our Letters Patent shall be to every of them a sufficient Warrant in that Behalf: And finally, We do declare and notify, that after this Our Royal Assent given and passed by these Presents, and declared and notified as is aforesaid, then and immediately the said Acts shall be taken, accepted, and admitted good, sufficient, and perfect Acts of Parliament and Laws to all Intents, Constructions, and Purposes, and to be put in due Execution accordingly; the Continuance or Dissolution of this Our Parliament, or any other Use, Custom, Thing or Things to the contrary thereof notwithstanding: In Witness whereof, We have caused these our Letters to be made Patent.

"Witness Ourself at Westminster the Eighth Day of January, in the Thirty-third Year of Our Reign.

"By the King Himself, signed with His own Hand.

"Yorke."

Then the Lord Speaker said,

"In obedience to His Majesty's Commands, and by virtue of the Commission which has been now read, we do declare and notify to you the Lords Spiritual and Temporal, and Commons, in Parliament assembled, That His Majesty hath given His Royal Assent to the several Acts in the Commission mentioned; and the Clerks are required to pass the same in the usual Form and Words."

1. "An Act for establishing Regulations respecting Aliens arriving in this Kingdom, or resident therein in certain Cases."

2. "An Act to prohibit the Circulation of Promissory or other Notes, Orders, Undertakings, or Obligations, for the Payment of any Sum or Sums of Money, or for any other Consideration created and issued under or in the Name of any Public Authority in France."

3. "An Act for indemnifying all Persons who have been concerned in advising or carrying into Execution an Order of Council, respecting the Exportation of Wheat and Wheat Flour, for preventing Suits in consequence of the same, and for making further Provisions relative thereto; and also for authorizing His Majesty to prohibit the Exportation of Corn, Meal, Flour, Bread, Biscuit, and Potatoes, and to permit the Importation of Corn, Meal, or Flour on the low Duties."

4. "An Act to enable His Majesty to restrain the Exportation of Naval Stores, and more effectually to prevent the Exportation of Salt Petre, Arms, and Ammunition, when prohibited by Proclamation or Order in Council."

5. "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."

To these Bills the Royal Assent was pronounced, severally, by the Clerk Assistant, in these Words; (videlicet)

"Le Roy le veult."

Then the Commons withdrew.

The House was adjourned during Pleasure.

The House was resumed.

Johnstone to take the Name of Vanden Bempdé, Bill.

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

With a Bill, intituled, "An Act to enable Richard Johnstone Vanden Bempdé Esquire, (lately called Richard Bempdé Johnstone) and the Heirs Male of his Body, to take the Surname, and bear the Arms of Vanden Bempdé only, pursuant to the Will of John Vanden Bempdé Esquire, deceased;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Adjourn.

Dominus Kenyon, Capitalis Justiciarius Banci Regis, declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, vicesimum secundum diem Januarii, horâ undecimâ Auroræ, Dominis sic decernentibus.