House of Lords Journal Volume 36: December 1782 11-20

December 1782 11-20

DIE Veneris, 13^o Decembris 1782.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Ld. Provost, &c. of Glasgow, against Murdoch and Co.

The Answer of Messrs. Murdoch, Warroch and Company, to the Appeal of the Lord Provost and Magistrates of the City of Glasgow, was this Day brought in.

King's Answer to Address.

The Lord Chancellor 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,

This very affectionate and loyal Address affords Me the highest Satisfaction.

Your Approbation of the Foundation I have laid for a Peace between Great Britain and America, and of the Measures I have taken towards a general Pacification, as well as the earnest Zeal which you have so unanimously expressed for carrying on the War with Vigour, if the Negotiations should unexpectedly break off, must be attended with the best Effects both at Home and Abroad.

Your affectionate Acknowledgement of My constant Disposition to make My own Conduct conformable to the Wishes and Opinions of My People, touches Me most sensibly.

Upon that Principle I can never regret the Sacrifice I make of every Consideration of My own.

I accept with Pleasure your Assurances of Support to a Government conducted on Principles equally agreeable to My own Honour and the Public Good."

Ordered, That the said Address, together with His Majesty's most gracious Answer thereto, be forthwith printed and published.

M^cDowal et al against Fergusons.

Upon reading the Petition and Appeal of John M^cDowal, Merchant in Glasgow, one of the Partners of the Company bearing the Firm of John M^cDowal and Company, Merchants in Glasgow, and of Patrick Earl of Dumfries, William Cunninghame, John Robertson, Alexander M^cAull and Robert Finlay, Merchants in Glasgow, John and William Ballantyne, Merchants in Ayr, and Robert Campbell late of Queen Anne's County, Maryland, Trustees of the deceased James Brown, Merchant in Glasgow, who was another of the Partners of the said Company, bearing the Firm of John M^cDowal and Company; complaining of Seven Interlocutors of the Lord Ordinary in Scotland, of the 15th of February, 19th of July, and 14th and 20th of December 1781, and 28th of February and 4th and 17th of July 1782; and also of Four Interlocutors of the Lords of Session there, of the 12th and 27th of February, and 2d of March and 19th of November 1782; and praying, "That the same may be reversed, varied or amended, or that the Appellants may have such other Relief in the Premises as to this House, in their Lordships great Wisdom, shall seem meet; and that Mrs. Jane Ferguson, Widow of Gilbert M^cMikin, of Killentringan, may be required to answer the said Appeal:"

It is Ordered, That the said Mrs. Jane Ferguson may have a Copy of the said Appeal, and do put in her Answer thereunto in Writing, on or before Friday the 10th Day of January next; and Service of this Order upon the said Respondent, or upon any of her 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 Leicester Fields, Gentleman may be permitted to enter into a Recognizance for John M^cDowal Merchant in Glasgow, and others, on account of their Appeal depending in this House, they living in Scotland:"

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

Magistrates of Whithorn against Coltrane.

Upon reading the Petition of the Magistrates of the Borough of Whithorn, Appellants in a Cause depending in this House, to which Andrew Coltrane is Respondent; setting forth, "That the Petitioners presented their Appeal to their Lordships from Two Interlocutors of the Court of Session in Scotland, of the 27th of June 1780, and 17th January 1781, but in stating their said Appeal they omitted an Interlocutor of the Lord Ordinary of the 6th of February 1778;" and therefore praying their Lordships, "That they may be at Liberty to amend their said Appeal, by inserting therein the said Interlocutor of the Lord Ordinary, they amending the Respondent's Copy:"

It is Ordered, That the Petitioners be at Liberty to amend their said Appeal, by inserting the said Interlocutor of the Lord Ordinary as desired, they amending the Respondent's Copy.

Inglis against Douglas and Co.

Upon reading the Petition of Lawrence Inglis Esquire, Appellant in a Cause depending in this House, to which Messieurs Douglas, Heron and Company, and others, are Respondents; setting forth, "That the Petitioner presented his Appeal to their Lordships from an Interlocutor of the Court of Session in Scotland, of the 17th of November 1780; but in stating his said Appeal, he omitted another Interlocutor of the said Court of the 30th of the same Month, adhering to that Judgement;" and therefore praying their Lordships, "That he may be permitted to amend his said Appeal, by inserting therein the said Interlocutor, he amending the Respondent's Copy:"

It is Ordered, That the Petitioner be at Liberty to amend his said Appeal by adding the said Interlocutor as desired, he amending the Respondent's Copy.

Milligan against Sir J. Wedderburn et al.

Upon reading the Petition and Appeal of the Reverend Mr. William Milligan Minister of the Gospel at Kirkden, complaining of Three Interlocutors of the Lords of Session in Scotland, Commissioners for Plantation of Kirks and Valuation of Trends, of the 22d of July 1778, and 28th of July and 4th of August 1779; and praying, "That the same may be reversed, varied or altered, or that the Appellant may have such other Relief in the Premises as to this House, in their Lordships great Wisdom, shall seem meet; and that Sir John Wedderburn of Idvies and the other Defenders may be required to answer the said Appeal:"

It is Ordered, That the said Sir John Wedderburn and the said other 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 10th Day of January next; and Service of this Order upon the said Respondents, or any of their Counsel or Agents in the Court of Session in Scotland, shall be deemed good Service.

Mackenzie to enter into Recognizance on Duncan's Appeal.

The House being moved, "That John Mackenzie of Leicester Fields, Gentleman, may be permitted to enter into a Recognizance for George Duncan Junior and others, on account of their Appeal depending in this House, they living in Scotland:"

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

East India Goods and Naval Stores, &c. Accounts delivered.

The House being informed, "That some of the Commissioners of the Customs attended:"

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 1781 to Michaelmas 1782; also what delivered out for Exportation during that Period, and what remained in the said Warehouse at Michaelmas 1782."

2. "An Account of prohibited East India Goods imported into Leadenhall Warehouse in the Port of London, from Michaelmas 1781 to Michaelmas 1782; also what exported during that Time, and what remained in the said Warehouse at Michaelmas 1782."

3. "An Account of prohibited East India Goods remaining in His Majesty's Warehouse in the Port of London at Michaelmas 1781, what have been since brought in, what exported, as also what remained at Michaelmas 1782."

4. "An Account of East India Goods prohibited to be worn in this Kingdom, in the respective Warehouses in the Out Ports, at Michaelmas 1781, what have been since brought in, what exported, as also what remained at Michaelmas 1782."

5. "An Account of prohibited East India Goods which have been delivered out of the Warehouses at Saint Helen's, Leadenhall, Billeter Lane and the King's Warehouse in the Port of London, since Michaelmas 1781, in order to be dyed, glazed or refreshed, what have been since returned, and what remained out at Michaelmas 1782."

6. "An Account of Naval Stores imported from Russia into the Port of London, from Michaelmas 1781, to Michaelmas 1782."

7. "An Account of Naval Stores imported into the Ports of England, commonly called The Out Ports, from Michaelmas 1781 to Michaelmas 1782."

8. "An Account of the Number of Ships which 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 in Great Britain they were discharged; and also what Quantity of Oil or Whale Fins each Ship has imported in the Year 1782."

And then they withdrew.

And the Titles thereof being read by the Clerk;

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

D. Richmond takes the Oaths.

This Day Charles Duke of Richmond took the Oaths, and made and subscribed the Declaration; and also took and subscribed the Oath of Abjuration pursuant to the Statutes; his Grace having first at the Table delivered in a Certificate of his receiving the Sacrament; to the Truth whereof Witnesses were sworn and examined.

Beckford against Beckford.

Upon reading the Petition and Appeal of Richard Beckford of the City of London Esquire, complaining of an Order of the Court of Chancery of the 18th Day of July 1782; and praying, "That the same may be reversed, 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 William Beckford Esquire may be required to answer the said Appeal:"

It is Ordered, That the said William Beckford Esquire may have a Copy of the said Appeal, and do put in his Answer thereunto in Writing, on or before Friday the 27th Day of this Instant December; and Service of this Order upon the Solicitor or Clerk in Court of the said Respondent in the said Court of Chancery, shall be deemed good Service.

Bruce against Carron Company.

Upon reading the Petition of James Bruce Esquire, Appellant in a Cause depending in this House, and of the Carron Company, Respondents thereto, et e contra, which stands appointed for Hearing, setting forth, "That the Subject Matter of the Appeal was some Time ago referred to Arbitration, but the Arbitrator hath not yet pronounced his final Award, though the Parties are in daily Expectation of it, and are desirous that the Hearing of the Appeal should in the mean Time be adjourned; and therefore praying their Lordships to adjourn the Hearing of the above Cause till after the Recess at Easter:"

It is Ordered, That the Hearing of this Cause be put off to the First Cause Day after the Recess at Easter, as desired.

General Elliot, V. Howe, and others, Thanks of the House to.

Ordered, Nemine Dissentiente, That the Thanks of this House be given to General Elliot, for the important Service he has done to this Country, by his brave and gallant Defence of Gibraltar.

Ordered, That the Lord Chancellor do transmit the above Resolution of this House to General Elliot.

Ordered, Nemine Dissentiente; That the Thanks of this House be given to the Right Honourable the Lord Viscount Howe, for the important Service he has done to this Country by the late Relief of the Fortress of Gibraltar, and by his gallant and able Manœuvres of the Fleet under his Command, against a superior Fleet of the Enemy.

Ordered, That the Lord Chancellor 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 Lieutenant General Boyd, Major General La Motte, Major General Green Chief Engineer, and to Sir Roger Curtis, lately employed in the Defence of Gibraltar; and that General Elliot do signify the same to them.

Resolved, Nemine Dissentiente, That this House doth highly approve of and acknowledge the Services of the Officers, Soldiers and Sailors, lately employed in the Defence of Gibraltar; and that General Elliot do signify the same to them.

Ordered, That the Lord Chancellor do transmit the said Resolutions to General Elliot.

Resolved, Nemine Dissentiente, That this House doth highly approve of and acknowledge the Services of the Officers, Seamen, Marines and Soldiers on board the Ships under the Command of the Right Honourable Lord Viscount Howe, in the late Relief of the Fortress of Gibraltar; and that the said Lord Viscount Howe do signify the same to them.

Adjourn.

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

DIE Veneris, 20^o Decembris 1782.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Ponsonby et al. against Godsell et al:

This Day being appointed for hearing the Cause, ex parte, upon the Petition and Appeal of James Carrique Ponsonby of Crotts, of the County of Kerry, in the Kingdom of Ireland Esquire, William Carrique Ponsonby a Minor, eldest Son of the said James Carrique Ponsonby, Rowland Bateman, Rowland Blennerhassett, John Carrique, Thomas Wren and Christopher Hilliard Esquires, complaining of a Decree or Decretal Order of the Court of Exchequer in Ireland, of the 1st of June 1781; and praying, "That the same might be reversed, or that the Appellants might have such other Relief in the Premises as to this House, in their Lordships great Wisdom, should seem meet;" to which Appeal James Godsell and Elizabeth his Wife, and Samuel Godsell a Minor, were ordered to put in their Answer; but the Respondents not having put in an Answer, though peremptorily ordered so to do, the Cause was set down to be heard ex parte; Counsel were accordingly ordered to be called in; but no Counsel or Agent appearing either for the Appellants or Respondents:

Appeal dismissed.

Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Appeal be and is hereby dismissed this House.

Carre et al. against Marshal and Dick.

Upon reading the Petition and Appeal of John Carre Esquire of Caverse the Provost, Robert Haswell, James Murray, and Adam Scott the Baillies, Robert Wood the Treasurer, Doctor Robert Lindsay and others the Counsellors, and John Rutherford and others Counsel, Deacons elected for the Borough of Jedburgh at Michaelmas 1781, complaining of an Interlocutor of the Lords of Session in Scotland, of the 6th of December 1782; and praying, That the same may be reversed, 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 Michael Marshal Vintner, One of the Counsellors of the Burgh of Jedburgh, and Richard Dick Dyer, Counsellor of that Burgh, may be required to answer the said Appeal:"

It is Ordered, That the said Michael Marshal and Richard Dick 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 17th Day of January next; and Service of this Order, upon any of the Counsel or Agents of the said Respondents in the Court of Session in Scotland, shall be deemed good Service.

Hodgson and Donaldson against Bushby.

Upon reading the Petition and Appeal of Messieurs Hodgson and Donaldson Merchants in London, complaining of Two Interlocutors of the Lords of Session in Scotland, of the 19th of July and 3d of December 1782; 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 Thomas Bushby of Ardwell may be required to answer the said Appeal:"

It is Ordered, That the said Thomas Bushby may have a Copy of the said Appeal, and do put in his Answer thereunto in Writing, on or before Friday the 17th Day of January next; and Service of this Order, upon any of the Counsel or Agents of the said Respondent in the Court of Session in Scotland, shall be deemed good Service.

Hendricks et al. against Cunningham et al.

Upon reading the Petition and Appeal of Volkert Hendricks Master of the Ship Catharina of Amsterdam, and Peiter Willem Van Lankern of Amsterdam Merchant, and the other Owners of the said Ship and her Cargo; complaining of Two Interlocutors of the Judge of the Court of Admiralty in Scotland of the 22d of September and 20th of October 1780; and also of Two Interlocutors of the Lords of Session there, of the 23d of December 1780, and 3d of February 1781; 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 William Cunningham and James M^cLean, and other Owners of the Ship Bellona, may be required to answer the said Appeal:"

It is Ordered, That the said William Cunningham and James M^cLean 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 17th Day of January next; and Service of this Order, upon the Counsel or Agents of the said Respondents in the Court of Session in Scotland, shall be deemed good Service.

Gordon against Tait.

Upon reading the Petition and Appeal of Alexander Gordon of Culvennan Esquire, Advocate, complaining of Five Interlocutors of the Lord Ordinary in Scotland, of the 24th of November and 12th of December 1780, and 26th of January and 9th and 24th of February 1781; and also of Two Interlocutors of the Lords of Session there, of the 19th of June and 6th of July 1782; and praying, "That the same may be reversed, varied, or altered, or that the Appellant may have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that John Tait, Writer to the Signet, may be required to answer the said Appeal:"

It is Ordered, That the said John Tait may have a Copy of the said Appeal, and do put in his Answer thereunto in Writing, on or before Friday the 17th 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.

M^cAdam against Magistrates of Ayr.

Upon reading the Petition and Appeal of Quintin M^cAdam of Grimmet Esquire, complaining of Three Interlocutors of the Lord Ordinary in Scotland, of the 23d of June and 8th of July 1779 and 25th of January 1780; and also of an Interlocutor of the Lords of Session there, of the 15th of June 1780; and praying, "That the same may be reversed, varied or amended, or that the Appellant may have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem just; and that the Magistrates and Town Council of Ayr, may be required to answer the said Appeal:"

It is Ordered, That the said Magistrates and Town Council of Ayr 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 17th Day of January next; and Service of this Order upon the said Respondents, or upon their known Counsel or Agents in the Court of Session in Scotland, shall be deemed good Service.

Spottiswoode to enter into Recognizance on Carre's Appeal:

The House being moved, "That John Spottiswoode of Sackville Street, Saint James's, Gentleman, may be permitted to enter into a Recognizance for John Carre Esquire and others, on Account of their Appeal depending in this House, they living in Scotland:"

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

and on Hodgson's and Donaldson's Appeal:

The House being moved, "That John Spottiswoode of Sackville Street, Saint James's, Gentleman, may be permitted to enter into a Recognizance for Messieurs Hodgson and Donaldson Merchants in London, on Account of their Appeal depending in this House, they being in Scotland:"

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

and on Hendrick's Appeal.

The House being moved, "That John Spottiswoode of Sackville Street, Saint James's, Gentleman, may be permitted to enter into a Recognizance for Volkert Hendricks and others, on Account of their Appeal depending in this House, they being abroad:"

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

Chalmer to enter into Recognizance on Gordon's Appeal:

The House being moved, "That James Chalmer of Leicester Fields, 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.

and on M^cAdam's Appeal.

The House being moved, "That James Chalmer of Leicester Fields, Gentleman, may be permitted to enter into a Recognizance for Quintin M^cAdam 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.

Spottiswoode to enter into Recognizance on Milligan's Appeal.

The House being moved, "That John Spottiswoode of Sackville Street, Saint James's, Gentlemen, may be permitted to enter into a Recognizance for the Reverend Mr. William Milligan on Account of his Appeal depending in this House, he residing in Scotland:"

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

L. Rodney introduced, and Pedigree delivered.

Garter King at Arms delivered in at the Table the Pedigree of George Lord Rodney, pursuant to the Standing Order.

Sir George Brydges Rodney of Rodney Stoke, in the County of Somerset, Knight of the Bath, being by Letters Patent, bearing Date the 19th Day of June 1782, in the 22d Year of His present Majesty created Baron Rodney of Rodney Stoke, in the said County of Somerset, was (in his Robes) introduced between the Lord Vere and the Lord Walsingham (also in their Robes), the Gentleman Usher of the Black Rod and Garter King at Arms preceding. His Lordship on his Knee presented his Patent to the Lord Chancellor at the Woolsack, who delivered it to the Clerk; and the same was read at the Table.

His Writ of Summons was also read as follows; (videlicet)

George the Third, by the Grace of God of Great Britain, France and Ireland, King, Defender of the Faith, and so forth: To Our right trusty and wellbeloved George Brydges Rodney, of Rodney Stoke, in Our County of Somerset Chevalier, Greeting: Whereas Our Parliament for arduous and urgent Affairs concerning Us, the State and Defence of our Kingdom of Great Britain and the Church, is now met at Our City of Westminster; We strictly enjoining, command you under the Faith and Allegiance by which you are bound to Us, that considering the Difficulty of the said Affairs and Dangers impending, all Excuses being laid aside, you be personally present at Our aforesaid Parliament with Us, and with the Prelates, Nobles, and Peers of Our said Kingdom, to treat of the aforesaid Affairs, and to give your Advice, and this you may in no wise omit as you tender Us, and Our Honour, and the Safety and Defence of the said Kingdom and Church, and the Dispatch of the said Affairs.

Witness Ourself at Westminster, the Nineteenth Day of June, in the Twenty-second Year of Our Reign.

"Yorke."

Then his Lordship took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration pursuant to the Statutes, and was afterwards placed on the lower End of the Baron's Bench.

Land Tax Bill.

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

With a Bill, intituled, "An Act for granting an Aid to His Majesty by a Land Tax, to be raised in Great Britain for the Service of the Year One thousand seven hundred and eighty-three;" to which they desire the Concurrence of this House.

Malt Bill.

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

With a Bill, intituled, "An Act for continuing and granting to His Majesty certain Duties upon Malt, Mum, Cyder and Perry, for the Service of the Year One thousand seven hundred and eighty-three;" to which they desire the Concurrence of this House.

Corn Bill.

A Message was brought from the House of Commons, by the Lord Mayor of London and others:

With a Bill, intituled, "An Act to permit the Importation of Wheat, Wheat-Flour, Rye, Rye-Flour, Barley, and all Sorts of Corn, Grain and Meal, upon Payment of the low Duties therein mentioned, for a limited Time;" to which they desire the Concurrence of this House.

Ships, to prevent Supply of, to Enemies, Bill.

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

With a Bill, intituled, "An Act to continue an Act made in the last Session of Parliament, intituled, "An Act more effectually to prevent His Majesty's Enemies from being supplied with Ships or Vessels from Great Britain;" to which they desire the Concurrence of this House.

Ruete's Naturalization Bill.

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

With a Bill, intituled, "An Act for naturalizing John Daniel Frederick Ruete;" to which they desire the Concurrence of this House.

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

Adjourn.

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