House of Lords Journal Volume 39: January 1793 11-20

January 1793 11-20

DIE Martis, 22^o Januarii 1793.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

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

Finch against Finch.

The Answer of Judith Finch Widow, to the Appeal of Mary Finch Spinster, was this Day brought in.

Johnstone to take the Name of Vanden Bempdé, Bill.

Hodie 2^a vice lecta est Billa, 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."

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.

Fossett against Daws:

Upon reading the Petition of Mark Daws Defendant in a Writ of Error depending in this House, wherein Henry Short Fossett is Plaintiff:

Serani and Faucher against Balcetti:

Also, upon reading the Petition of Joseph Balcetti Defendant in a Writ of Error depending in this House, wherein Stephen Serani and Joseph Faucher are Plaintiffs:

Duchess of Cumberland against Wallace and Wakelins:

And also, upon reading the Petition of Samuel Wallace and John Wakelin, Defendants in a Writ of Error depending in this House, wherein Anne Duchess Dowager of Cumberland is Plaintiff; setting forth, "That the said Plaintiffs have not assigned Errors within the Time limited by Their Lordships' Standing Order;" and therefore praying, "That the said Writs of Error may be Non-pros'd with such Costs as to Their Lordships' shall seem meet:"

Writs of Error Non-pros'd with Costs.

It is Ordered, That the Petitioners do forthwith enter a Non-pros on each of the said Writs of Error, as desired; and that the Records be remitted to the Court of King's Bench, to the end Execution may be had upon the Judgements given by that Court, as if no such Writs of Error had been brought into this House; and further that the Plaintiffs in Error do pay or cause to be paid to the Defendants in Error the Sum of Forty Pounds for their Costs, by reason of the Delay of the Execution of the said Judgements.

Kerr against Redhead.

The House being informed, "That William Redhead, Respondent to the Appeal of Robert Kerr, of Chatto, Esquire, had not put in his Answer to the said Appeal, though duly served with the Order of this House for that Purpose:"

And thereupon an Affidavit of Robert Menzies, Writer in Edinburgh, of the due Service of the said Order, being read:

Ordered, That the said Respondent do put in his Answer to the said Appeal, peremptorily in a Week.

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 Thursday next, be put off to Tuesday the 29th Day of this instant January; 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 Lunæ, vicesimum octavum diem instantis Januarii, horâ undecimâ Auroræ, Dominis sic decernentibus.

DIE Lunæ, 28^o Januarii 1793.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

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

Paul against Johnston.

The Answer of Alexander Johnston Esquire, of Straiton, to the Appeal of Andrew Paul, Flesher in Linlithgow, was this Day brought in.

E. Galloway against Campbell.

As was also, the Answer of Patrick Campbell, Writer in Edinburgh, to the Appeal of John Earl of Galloway.

Brydges Petition referred to Judges.

Upon reading the Petition of Samuel Egerton Brydges, of the Middle Temple London, Esquire, praying Leave to bring in a Bill, for the Purposes in the said Petition mentioned:

It is Ordered, That the Consideration of the said Petition be and is hereby referred to Mr. Justice Ashhurst and Mr. Justice Wilson, 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.

Paul against Johnston.

The House being moved, "That a Day may be appointed for hearing the Cause wherein Andrew Paul is Appellant and Alexander Johnston Esquire 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.

Stewart for a Divorce Bill:

Upon reading the Petition of Alexander Stewart, of Belfast, in the Kingdom of Ireland, and now residing in Suffolk Street, near Charing Cross, in the County of Middlesex, Esquire, praying Leave to bring in a Bill for dissolving his Marriage with Elizabeth Leigh, and to enable him to marry again, and for other Purposes:

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 Rawdon presented to the House a Bill, intituled, "An Act to dissolve the Marriage of Alexander Stewart Esquire, with Elibabeth Leigh his now Wife, and to enable him to marry again; and for other Purposes therein mentioned."

The said Bill was read the First Time.

Ordered, That the said Bill be read a Second Time on Tuesday the 12th Day of February next, and that Notice thereof be affixed on the Doors of this House, and the Lords summoned; and that the said Alexander Stewart may be heard by his Counsel at the said Second Reading, to make out the Truth of the Allegations of the Bill, and that the said Elizabeth Leigh may have a Copy of the Bill; and that Notice be given her of the said Second Reading, and that she be at Liberty to be heard by her Counsel what she may have to offer against the said Bill at the same Time.

Bp. St. David's to preach on 30th instant.

Ordered, That the Lord Bishop of St. David's be and he is hereby desired to preach before this House in the Abbey Church Westminster, on Wednesday next, the 30th instant.

E. Galloway against Campbell.

The House being moved, "That a Day may be appointed for hearing the Cause wherein John Earl of Galloway is Appellant and Patrick Campbell 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.

Campbell et al. against Russell et Co.

The House being moved, "That a Day may be appointed for hearing the Cause wherein Messieurs Campbell and others are Appellants, and Francis Russell and Company 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.

Harrisons against Curtis et al. in Error.

Upon reading the Petition of John Curtis, Ebenezer Maitland, and John Newnham Couss-maker, Assignees, &c. of Thomas Gibson and Joseph Johnson, Bankrupts, Defendants in a Writ of Error depending in this House, wherein William Harrison and John Harrison are Plaintiffs; setting forth, "That the said Plaintiffs brought a Writ of Error returnable before Their Lordships in Parliament, and the Record having been transcribed, was together with the said Writ of Error brought up into this House on the 22d Day of December last, and the Plaintiff hath assigned the Common Errors thereon, which are set down for hearing after the Causes already appointed: That inasmuch as the Petitioners cannot avail themselves of any Benefit from the Judgement obtained, pending the said Writ of Error, and the Petitioners apprehend the said Writ of Error is brought for Delay:" the Petitioners humbly pray, "That Their Lordships will be pleased to appoint a short Bye-Day for hearing the said Errors, or that Their Lordships will be pleased to make such other Order in the Premises, as to Their Lordships shall seem meet:"

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

Forces Augmentation, King's Message respecting:

The Marquis of Stafford acquainted the House, "That he had a Message from His Majesty under His Royal Sign Manual, which His Majesty had commanded him to deliver to Their Lordships;" and the same was read by the Lord Chancellor, and is as follows; (videlicet)

"GEORGE R.

"His Majesty has given Directions for laying before the House of Lords, Copies of several Papers which have been received from Mr. Chauvelin, late Minister Plenipotentiary from the Most Christian King, by His Majesty's Secretary of State for foreign Affairs, and of the Answers returned thereto, and likewise Copy of an Order made by His Majesty in Council, and transmitted by His Majesty's Commands to the said Mr. Chauvelin, in consequence of the Accounts of the atrocious Act recently perpetrated at Paris.

"In the present Situation of Affairs, His Majesty thinks it indispensably necessary to make a further Augmentation of his Forces by Sea and Land, and relies on the known Affection and Zeal of the House of Lords to concur in enabling His Majesty to take the most effectual Measures in the present important Conjuncture, for maintaining the Security and Rights of His own Dominions, for supporting his Allies, and for opposing Views of Aggrandisement and Ambition on the Part of France, which would be at all times dangerous to the general Interests of Europe, but are peculiarly so when connected with the Propagation of Principles, which lead to the Violation of the most sacred Duties, and are utterly subversive of the Peace and Order of all civil Society.

"G. R."

And the same being read by the Clerk:

Correspondence between M. Chauvelin & Ld. Grenville delivered.

The Marquis of Stafford (by His Majesty's Command) laid before the House,

No. 1. "Copy of a Note from M. Chauvelin to Lord Grenville, dated May 12th 1792;" and Translation.

2. "Copy of a Note from Lord Grenville to M. Chauvelin, dated May 24th 1792;" and Translation.

3. "Copy of a Note from M. Chauvelin to Lord Grenville, dated May 24th 1792;" and Translation.

4. "Copy of a Letter from Lord Grenville to M. Chauvelin, dated May 25th 1792;" and Translation.

5. "Copy of a Letter from M. Chauvelin to Lord Grenville, dated May 25th 1792;" and Translation.

6. "Copy of a Note from M. Chauvelin to Lord Grenville, received June 2d 1792;" and Translation.

7. "Copy of a Note from M. Chauvelin to Lord Grenville, dated June 18th 1792;" and Translation.

8. "Copy of a Note from Lord Grenville to M. Chauvelin, dated July 8th 1792;" and Translation.

9. "Copy of a Note from M. Chauvelin to Lord Grenville, dated November 19th 1792;" and Translation.

10. "Copy of a Note from Lord Grenville to M. Chauvelin, dated November 21st 1792;" and Translation.

11. "Copy of a Note from M. Chauvelin to Lord Grenville, dated November 22d 1792;" and Translation.

12. "Copy of a Letter from Lord Grenville to M. Chauvelin, dated November 28th 1792;" and Translation.

13. "Copy of a Note from M. Chauvelin to Lord Grenville, dated December 27th 1792;" and Translation.

14. "Copy of a Letter from Lord Grenville to M. Chauvelin, dated December 31st 1792;" and Translation.

15. "Copy of a Note from M. Chauvelin to Lord Grenville, dated January 7th 1793;" and Translation; Original returned to him the same Morning.

16. "Copy of a Note from Lord Grenville to M. Chauvelin, dated January 7th 1793;" and Translation.

17. "Copy of a Letter from M. Chauvelin to Lord Grenville, dated January 7th 1793, received 9th;" and Translation.

18. "Copy of a Letter from Lord Grenville to M. Chauvelin, dated January 9th 1793;" and Translation.

19. "Copy of a Note from M. Chauvelin to Lord Grenville, dated January 11th 1793, received January. 12th;" and Translation; Original returned to him January 13th.

20. "Copy of a Note from Mr. Aust to M. Chauvelin, dated January 13th 1793;" and Translation.

21. "Copy of a Letter from M. Chauvelin to Lord Grenville, dated January 12th 1793;" and Translation.

22. "Copy of a Letter from Lord Grenville to M. Chauvelin, dated January 13th 1793;" and Translation.

23. "Copy of a Letter from M. Chauvelin to Lord Grenville, dated January 13th 1793;" and Translation.

24. "Copy of a Paper delivered by M. Chauvelin to Lord Grenville, dated January 13th 1793;" and Translation.

25. "Copy of a Letter from Lord Grenville to M. Chauvelin, dated January 18th 1793;" and Translation.

26. "Copy of a Letter from M. Chauvelin to Lord Grenville, dated January 17th 1793; received 18th;" and Translation.

27. "Copy of a Letter from Lord Grenville to M. Chauvelin, dated January 20th 1793;" and Translation.

28. "Copy of a Letter from Lord Grenville to M. Chauvelin, dated January 24th 1793;" and Translation.

29. "Copy of a Letter from M. Chauvelin to Lord Grenville, dated January 24th 1793;" and Translation.

30. "Copy of His Majesty's Order in Council, dated January 24th 1793."

Together with a List thereof.

Which being read by the Clerk:

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

Ordered, That His Majesty's most gracious Message be taken into Consideration on Thursday next.

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 To-morrow, be put off to Tuesday the 5th Day of February next; 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, tricesimum diem instantis Januarii, horâ decimâ Auroræ, Dominis sic decernentibus.

DIE Mercurii, 30^o Januarii 1793.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Worthington against the King, in Error.

The House being moved, "That a Day be appointed for hearing Counsel, to argue the Errors assigned upon the Writ of Error, wherein William Worthington is Plaintiff, and the King Defendant:"

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.

Smith against the King, 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 Smith is Plaintiff, and the King Defendant:"

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.

Lindsay against Kenlock and Nairne.

The House being informed, "That George Kenlock and John Nairn, Respondents to the Appeal of David Lindsay, 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 George Clark, 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.

Lords summoned.

Ordered, That all the Lords be summoned to attend the Service of the House To-morrow.

King Charles's Martyrdom observed.

Then in order to solemnize this Day, being appointed by Act of Parliament to be observed as a Day of Fasting and Humiliation for the Martyrdom of King Charles the First:

Adjourn.

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

DIE Jovis, 31^o Januarii 1793.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Sir R. Anstruther against Sir J. Anstruther.

The Answer of Sir John Anstruther Baronet, to the Appeal of Sir Robert Anstruther Baronet, was this Day brought in.

Thanks given to Bp. St. Davids for his Sermon.

Ordered, That the Thanks of this House be and are hereby given to the Lord Bishop of St. David's, for the Sermon by him preached before this House Yesterday, in the Abbey Church, Westminster; and he is hereby desired to cause the same to be forthwith printed and published.

Butcher for a Bill to take the Name of Rodbard:

Upon reading the Petition of John Butcher Esquire, (now called John Rodbard), praying Leave to bring in a Bill to enable him and his Issue to take the Name, and bear the Arms of Rodbard, pursuant to the Will of Henry Rodbard Esquire:

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

Bill presented.

Accordingly, the Earl of Kellie presented to the House a Bill, intituled, "An Act to enable John Butcher Esquire, and his Issue, to use the Surname and Arms of Rodbard, pursuant to the Will of Henry Rodbard Esquire."

The said Bill was read the First Time.

Gartside's Petition referred to Judges.

Upon reading the Petition of John Gartside, some Time since of Crumpsall, in the County of Lancaster, but now of the City of Bath, Esquire, praying Leave to bring in a Bill, for the Purposes in the said Petition mentioned:

It is Ordered, That the Consideration of the said Petition be and is hereby referred to Mr. Baron Hotham, and Mr. Justice Heath, 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.

Ladbroke et al, Leave for a Bill:

After reading and considering the Report of the Judges to whom was referred the Petition of Robert Ladbroke Esquire, and others, praying Leave to bring in a Private Bill for the Purposes therein mentioned:

It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act for vesting certain Estates of Robert Ladbroke Esquire, in the Counties of Warwick and Northampton, in Trustees, to be sold; and for laying out the Monies to arise thereby, in the Purchase of other Manors, Lands and Hereditaments, to be settled to the same Uses as the said settled Estates now stand limited."

Kerr against Redhead.

The House being moved, "That a Day may be appointed for hearing the Cause wherein Robert Kerr Esquire is Appellant, and William Redhead is Respondent, Ex-parte, the Respondent not having put in his Answer thereto, though peremptorily ordered so to do:"

It is Ordered, That this House will hear the said Cause Ex-parte, by Counsel at the Bar, on the first vacant Day for Causes, after those already appointed, unless the Respondent puts in his Answer thereto in the mean Time.

Seton et al. against Scott.

Upon reading the Petition of Archibald Seton Esquire, and his Trustees, Appellants in a Cause depending in this House, and of Walter Scott Esquire, Respondent thereto, which stands appointed for hearing; setting forth, "That the Matters complained of by the above Appeal, being in a Train of Settlement by Arbitration;" the Petitioners therefore humbly pray, "That Their Lordships will be pleased to delay the Hearing of the same till the next Session of Parliament:"

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

Sir R. Anstruther against Sir J. Anstruther.

The House being moved, "That a Day may be appointed for hearing the Cause wherein Sir Robert Anstruther Baronet, is Appellant, and Sir John Anstruther Baronet, 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.

Johnstone to take the Name of Vanden Bempdé Bill.

Ordered, That the Committee, to whom the 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;" stands committed, be revived, and meet Tomorrow.

Forces Augmentation, King's Message respecting, deferred.

The Order of the Day being read for taking into Consideration His Majesty's most gracious Message to this House of Monday last; and for the Lords to be summoned:

Ordered, That the said Order be discharged.

Ordered, That the said Message be taken into Consideration To-morrow; and that the Lords be summoned.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, primum diem Februarii, jam prox. sequen., horâ undecimâ Auroræ, Dominis sic decernentibus.