House of Lords Journal Volume 37: November 1783 11-20

November 1783 11-20

JOURNALS OF THE HOSUE OF LORDS.

Anno 24^o Georgii Tertii.

DIE Martis, 11^o Novembris 1783.

DIE Martis, 11^o Novembris 1783, Annoque Regni Serenissimi Domini Nostri Georgii Tertii, Dei Gratiâ, Magnæ Britanniæ, Franciæ, et Hiberniæ Regis, Fidei Defensoris, &c. Vicesimo Quarto; in quem Diem hæc Quarta 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.

PRAYERS.

The Earl of Mansfield sat Speaker by virtue of a former Commission.

The House was adjourned during Pleasure to robe.

The House was resumed.

The Prince of Wales introduced.

George Augustus Frederick, Electoral Prince of Brunswick Lunenburgh, being by Letters Patent, dated the (fn. 1) in the 24th Year of His Majesty's Reign, created Prince of Wales, and Earl of Chester, was this Day, in his Robes, introduced, being preceded by the Gentleman Usher of the Black Rod, Garter King at Arms, the Deputy Earl Marshal, and the Deputy Lord Great Chamberlain of England, and attended by the Lord President, the Lord Privy Seal, His Royal Highness the Duke of Cumberland, the Duke of Richmond, and the Duke of Portland (also in their Robes) His Royal Highness standing, presented his Letters Patent to the Lord Speaker at the Woolsack, who delivered them to the Clerk, and the same were 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 Most Dear Son, George Augustus Frederick, Prince of Great Britain, Electoral Prince of Brunswick Lunenburgh, Prince of Wales, Duke of Cornwall and Rothsay, Earl of Chester and Earl of Carrick, Baron of Renfrew, Lord of the Isles, and Great Steward of Scotland, and Knight of the Most Noble Order of the Garter, Greeting. Whereas, by Reason of certain arduous and urgent Affairs concerning Us, the State, and Defence of Our Kingdom of Great Britain and the Church, We did lately, with the Advice and Consent of Our Council, ordain Our present Parliament to be holden at Our City of Westminster, on the Thirty-first Day of October, in the Twenty-first Year of Our Reign, which Parliament hath been from that Time, by several Adjournments and Prorogations, adjourned, prorogued, and continued to and until the Ninth Day of September now next coming, at Our City aforesaid, to be then there held. 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 the said Day and Place 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 Twelfth Day of August, in the Twenty-third Year of Our Reign.

"Yorke".

Then His Royal Highness was placed in his Chair on the Right Hand of the Chair of State on the Throne.

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 say,

His Majesty's Speech.

My Lords and Gentlemen,

I have the Satisfaction to inform you, that Definitive Treaties of Peace have been concluded with the Courts of France and Spain, and with the United States of America. Preliminary Articles have been also ratified with the States General of the United Provinces. I have ordered these several Treaties to be laid before you, and I am happy to add, that I have no cause to doubt but that all those Powers agree with Me in My sincere Inclination to keep the Calamities of War at a great Distance.

The Objects which are to be brought under your Deliberation will sufficiently explain My Reasons for calling you together after so short a Recess. Enquiries of the utmost Importance have been long and diligently pursued, and the Fruit of them will be expected.

The Situation of the East India Company will require the utmost Exertions of your Wisdom to maintain and improve the valuable Advantages derived from Our Indian Possessions, and to promote and secure the Happiness of the Native Inhabitants of those Provinces.

The Season of Peace will call upon you for an Attention to every Thing that can recruit the Strength of the Nation, after so long and so expensive a War.

The Security and Increase of the Revenue in the Manner least burthensome to my Subjects will be amongst your first Objects. In many essential Parts it has suffered: dangerous Frauds have prevailed, and alarming Outrages have been committed. Exertions have not been wanting to repress this daring Spirit, nor Pains to enquire into its true Causes. In any instances in which the Powers of Government may not be equal to its utmost Care and Vigilance, I have no doubt that the Wisdom of My Parliament will provide such Remedies as may be found wanting for the Accomplishment of Purposes in which the material Interests of this Nation are so deeply concerned.

Gentlemen of the House of Commons,

I have ordered the Estimates of the Expences for the Year to be laid before you, from those you will perceive the Reduction which I have made in all the Establishments, which appear to Me to be brought as low as Prudence will admit, and you will participate with Me in the Satisfaction which I feel in this Step towards the Relief of My Subjects. At the End of a War, some Part of its Weight must inevitably be borne for a Time. I feel for the Burthens of My People, but I rely on that Fortitude which has hitherto supported this Nation under many Difficulties, for their bearing those which the present Exigencies require, and which are so necessary for the full Support of the National Credit.

My Lords, and Gentlemen,

"In many respects Our Situation is new. Your Counsels will provide what is called for by that Situation, and your Wisdom will give Permanence to whatever has been found beneficial by the Experience of Ages. In your Deliberations you will preserve that Temper and Moderation, which the Importance of their Objects demand, and will, I have no Doubt, produce, and I am sure that you are unanimous in your Desire to direct all those Deliberations to the Honour of My Crown, the Safety of My Dominions, and the Prosperity of My People."

Then His Majesty was pleased to retire;

And the Commons withdrew.

The House was adjourned during Pleasure to unrobe.

The House was resumed.

Bill pro formâ read.

Hodie 1^a vice lecta est Billa, intituled, "An Act for better regulating select Vestries."

Prince of Wales takes the Oaths.

His Royal Highness the Prince of Wales came to the Table and took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration pursuant to the Statutes.

Lords take their seats.

This Day George Viscount Hereford sat first in Parliament, after the Death of his Brother Edward Viscount Hereford.

Also, Thomas Viscount Hampden sat first in Parliament, after the Death of his Father Robert Viscount Hampden: 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.

His Majesty's Speech reported.

The Lord Speaker reported His Majesty's Speech; And the same being read by the Clerk;

Order for an Address.

Ordered, Nemine Dissentiente, "That an humble Address be presented to His Majesty, to return Him the Thanks of this House for His most gracious Speech from the throne.

To offer with the most respectful Affection to His Royal Person and Family, our sincere Congratulations on the Birth of another Princess, and the happy Recovery of the Queen; and to assure Him that, truly sensible of the Blessings we enjoy under His Majesty's most auspicious Government, we rejoice at every Event that can add to His Majesty's Domestic Happiness.

To congratulate His Majesty on the Success of His Endeavours to restore the Public Tranquillity; and to return His Majesty our most humble Thanks for having ordered the Definitive Treaties with the Courts of France and Spain, and with the United States of America, and the Preliminary Articles ratified with the States General of the United Provinces, to be laid before us; and to assure His Majesty, that we learn with the greatest Satisfaction that all the other Powers agree with His Majesty in His sincere Inclinations to keep the Calamities of War at a great Distance.

Humbly and thankfully to acknowledge His Majesty's Royal Regard to the general Welfare of all His Majesty's Dominions in having called His Parliament together at this early Season; and to assure His Majesty that the most diligent Attention shall be given by us to those Objects which wait our Deliberation. To declare our Opinion that the Situation of the East India Company requires our immediate Consideration, and our Resolution of using our utmost Endeavours to maintain and improve the valuable Advantages derived from our Indian Possessions, and to secure the Happiness of the Native Inhabitants of those Provinces:

To declare, that animated by His Majesty's Example, and by the Love of our Country, we shall take the earliest Advantage of this Season of Peace, to direct our Counsels to every Thing that can recruit the Strength of the Nation, after so long and so expensive a War; and that while we express the grateful Sense we entertain of His Majesty's paternal Care, in recommending the Security and Increase of the Revenue, in the Manner the least burthensome to His People, we shall be happy to co-operate in whatever may be found expedient for those salutary Purposes, or may tend to counteract those Frauds, and to repress that Spirit of Outrage which has been so alarmingly prevalent:

Humbly to entreat His Majesty to be persuaded, that our utmost Assiduity shall be employed in providing whatever is called for by the present Situation of this Country, and that, in our Labours for that Purpose, we shall not only use the utmost Caution in regard to whatever the Experience of past Times has shewn to be beneficial, but shall endeavour to the Extent of our Abilities, to make all such Benefits permanent:

"To prosess that it will be our Duty to preserve that Temper and Moderation in our Deliberations, which His Majesty has been pleased to recommend, and which the Importance of their Objects will demand, and that we shall be anxious not to neglect any Opportunity of meriting the good Opinion His Majesty has graciously expressed of our unanimous Desire to secure and promote the Honour of His Majesty's Crown, the Safety of His Dominions, and the Prosperity of His People."

Then the Lords following were appointed a Committee to prepare an Address pursuant to the said Order; (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,

And the Earl of Scarborough reported from the Committee an Address drawn by them as follows: (videlicet)

Address reported and agreed to:

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 most humble Thanks, for Your Most Gracious Speech from the Throne.

With the most respectful Affection to Your Royal Person and Family, we beg Leave to offer our sincere Congratulations on the Birth of another Princess, and the happy Recovery of the Queen. Truly sensible of the Blessings we enjoy under Your Majesty's most auspicious Government, we rejoice at every Event that can add to Your Majesty's domestic Happiness.

We congratulate Your Majesty on the Success of Your Endeavours to restore the public Tranquillity, we return Your Majesty our most humble Thanks for having ordered the definitive Treaties with the Courts of France and Spain, and with the United States of America, and the Preliminary Articles, ratified with the States General of the United Provinces, to be laid before us; and we assure Your Majesty that we learn with the greatest Satisfaction that all those Powers agree with Your Majesty in Your sincere Inclinations to keep the Calamities of War at a great Distance.

We humbly and thankfully acknowledge Your Majesty's Royal Regard to the general Welfare of all Your Majesty's Dominions in having called Your Parliament together at this early Season, and we beg Leave to assure Your Majesty that the most diligent Attention shall be given by us to those Objects which wait our Deliberation. The Situation of the East India Company will require our immediate Consideration, and we beg Your Majesty to be assured, that we will use our utmost Endeavours to maintain and improve the valuable Advantages derived from our Indian Possessions, and to secure the Happiness of the Native Inhabitants of those Provinces.

Animated by Your Majesty's Example, and by the Love of our Country, we shall take the earliest Advantage of the Season of Peace to direct our Counsels to every Thing that can recruit the Strength of the Nation after so long and so expensive a War; and while we express the grateful Sense we entertain of Your Majesty's paternal Care in recommending the Security and Increase of the Revenue in the Manner the least burthensome to Your People, we shall be happy to co-operate in whatever may be may be found expedient for those salutary Purposes, or may tend to counteract those Frauds, and to repress that Spirit of Outrage which has been so alarmingly prevalent.

We humbly entreat Your Majesty to be persuaded that our utmost Assiduity shall be employed in providing what is called for by the present Situation of this Country, and that in our Labours for that Purpose we shall not only use the utmost Caution in regard to whatever the Experience of past Times has shewn to be beneficial, but shall endeavour to the Extent of our Abilities to make all such Benefits permanent.

"It will be our Duty to preserve that Temper and Moderation in our Deliberations which Your Majesty has been pleased to recommend, and which the Importance of their Objects will demand, and we shall be anxious not to neglect any Opportunity of meriting the good Opinion Your Majesty has graciously expressed of our unanimous Desire to secure and promote the Honour of Your Majesty's Crown, the Safety of Your Dominions, and the Prosperity of your 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.

Congratulatory Message to the Queen on the Birth of a Princess.

Ordered, Nemine Dissentiente, That a Message be sent to the Queen with the sincere and joyful Congratulations of this House, on Her Majesty's happy Delivery of another Princess; and to assure Her Majesty that this House regards her happy Recovery as a Blessing to the Nation, and to entreat Her Majesty to rely on the zealous and dutiful Attachment of this House.

Ordered, That the said Message be presented to Her Majesty by the Earl Powis and the Earl De Lawar.

Committee of Privileges appointed.

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.

Comes de Mansfield Capitalis Justiciarius Banci Regis declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, duodecimum diem instantis Novembris, horâ undecimâ Auroræ, Dominis sic decernentibus.

DIE Mercurii, 12^o Novembris, 1783.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

The Earl of Mansfield 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 Two o'Clock at His Palace of St. James's.

Mitchell and Gay against Lord Rodney and Vaughan in Error:

Upon reading the Petition of John Mitchell and John Gay Plaintiffs, in a Writ of Error, depending in this House, wherein Sir George Brydges Rodney Baronet, now Lord Rodney, and the Honourable John Vaughan are Defendants; setting forth "That the Plaintiffs in Error on the Third of February last, brought their Writ of Error into this House in order to reverse a Judgement of the Court of King's Bench, given for the Defendants in Error, and the same now stands appointed for hearing: That this Action was brought by the Petitioners in the Court below, against the Defendants, for the Recovery of the Value of a Quantity of Goods, to the Amount of 5,6891. 10s. 4d. the Petitioners' Property, and which were seized and sold by the Defendants' Orders at the Island of Saint Eustatius, in March 1781, and there are several other Actions depending in the Court below against the said Defendants for similar Demands, which will be determined by their Lordships' Decision in this Cause; and therefore praying that their Lordships will be pleased to appoint an early bye-Day for the hearing of this Cause; the Agent for the said Defendants having signed the said Petition as consenting thereto:"

It is Ordered, That this House will hear the said Errors argued by Counsel, at the Bar on Friday next.

Judges to attend.

Ordered, That the Judges do attend this House on Friday next upon arguing the Errors assigned on the said Writ of Error.

Jackson against Hankinson and Heydock:

Upon reading the Petition of John Hankinson and James Heydock Defendants in a Writ of Error depending in this House, wherein Ralph Jackson is Plaintiff:

Johnson against Baillie:

Also, Upon reading the Petition of James Baillie Esq. Defendant in a Writ of Error depending in this House, wherein John Johnson is Plaintiff:

Johnson against Mann:

And also, Upon reading the Petition of Richard Mann, Defendant in a Writ of Error depending in this House, wherein John Johnson is Plaintiff, setting forth, "That the 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 Nonpros'd with Costs.

It is Ordered, That the Petitioners do forthwith enter a Non-pros on 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.

Jackson against Powell, 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 Ralph Jackson is Plaintiff and Evan Powell Esquire is 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.

Adjourn.

Comes Mansfield Capitalis Justiciarius Banci Regis declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, decimum quartum diem instantis Novembris, horâ undecimâ Auroræ, Dominis sic decernentibus.

DIE Veneris, 14^o Novembris, 1783.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

The Earl of Mansfield sat Speaker by virtue of a former Commission.

Inglis against Douglas and Co.

The Answer of Messieurs Douglas, Heron and Company, late Bankers in Ayr, to the Appeal of Laurence Inglis Esquire, Writer in Edinburgh, was this Day brought in.

Mitchell and Gay against Lord Rodney and Vaughan in Error.

The Order of the Day being read for hearing Counsel to argue the Errors assigned upon the Writ of Error, wherein John Mitchell and John Gay are Plaintiffs, and Sir George Brydges Rodney Baronet (now Lord Rodney), and the Honourable John Vaughan are Defendants, being a Writ of Error brought by the Plaintiffs in order to reverse a Judgement given in the Court of King's Bench for the Defendants in Error, and for the Judges to atattend:

Counsel were accordingly called in.

And the First and Second Counsel for the Plaintiffs having been heard;

The Counsel were directed to withdraw.

Ordered, That the further hearing of the said Cause be put off to Monday next; and that the Judges do then attend.

King's Answer to Address reported.

The Earl of Mansfield reported, That the House did on Wednesday 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 dutiful and loyal Address. I receive with Pleasure your Congratulations on the Birth of a Princess, and the Recovery of the Queen, as renewed Proofs of your Affection to My Person and Family. The Assurances you give Me of your Attention to the Objects recommended for the Welfare of My Subjects are highly acceptable; and I regard the Unanimity with which they are offered as an Earnest of the Success which I trust will attend your Endeavours to establish the Honour of My Crown, and the Prosperity of My People."

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

Bp. Durham takes the Oaths.

This Day John Lord Bishop of Durham took the Oaths and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Johnson against Jenkins:

Upon reading the Petition of James Jenkins, Defendant in a Writ of Error depending in this House, wherein John Johnson is Plaintiff; setting forth, "That the 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 non-pros'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 Non-pros 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.

Nelson against Wright and Dupree:

Upon reading the Petition of Thomas Nelson, Plaintiff in a Writ of Error depending in this House, wherein Stephen Wright and Noah Dupree are Defendants; setting forth, "That the Petitioner is advised to withdraw his Assignment of Errors, and doth not intend further to prosecute his said Writ of Error;" and therefore praying their Lordships, "That he may be at Liberty to withdraw his said Assignment of Errors, and that the said Writ of Error may be non-pros'd, with such Costs as their Lordships shall please to direct, or to make such other Order in the Premises, as to their Lordships shall seem meet:"

Writ of Error non-pros'd with Costs.

It is Ordered, That the Petitioner be at Liberty to withdraw his said Assignment of Errors, as desired; and that the Defendant do forthwith enter a Non-pros on the said Writ of Error; 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 Defendants in Error, the Sum of Forty Pounds for their Costs, by reason of the Delay of the Execution of the said Judgement.

The Queen's Answer to Congratulatory Message.

The Earl of Powis acquainted the House, That he and the Earl De Lawar had (pursuant to the Order, on Tuesday last), carried their Lordships' Message of Congratulation to Her Majesty on the Birth of another Princess; and that Her Majesty was pleased to return the following Answer:

My Lords,

"This additional Proof of Duty to the King and Attention to Me calls forth My warmest Acknowledgments, of which I desire the House of Lords may be acquainted."

Adjourn.

Comes Mansfield Capitalis Justiciarius Banci Regis declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, decimum septimum diem instantis Novembris, horâ undecimâ Auroræ, Dominis sic decernentibus.

DIE Lunæ, 17^o Novembris, 1783.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Wallæ.

PRAYERS.

The Earl of Mansfield sat Speaker by virtue of a former Commission.

Foley against Foley.

The Answer of the Honourable Edward Foley, one of the Respondents to the Appeal of the Honourable Andrew Foley, and Thomas Foley an Infant, by the said Andrew Foley, his next Friend, was this Day brought in:

Magistrates, &c. of Aberdeen against Duncan et al.

As was also the Answer of George Duncan Junior and others to the Cross Appeal of the Magistrates and Town Council of Aberdeen, and others.

Mitchell and Gay against Lord Rodney and Vaughan in Error.

The Order of the Day being read for hearing Counsel, further to argue the Errors assigned upon the Writ of Error, wherein John Mitchell and John Gay are Plaintiffs, and Sir George Brydges Rodney, Baronet (now Lord Rodney) and the Honourable John Vaughan are Defendants, and for the Judges to attend;

Counsel were accordingly called in.

And the First and Second Counsel for the Defendants having been heard;

The Counsel were directed to withdraw.

Ordered, That the further hearing of the said Cause be put off till To-Morrow; and that the Judges do then attend.

Definitive Treaties of Peace delivered.

The Duke of Portland (by His Majesty's Command) presented to the House,

"Copy of the Preliminary Articles between His Majesty and the States General of the United Provinces, signed at Paris, September 2d, 1783. And Translation."

"Copy of the Definitive Treaty of Peace and Friend ship between His Majesty and the Most Christian King, signed at Versailles, September 3d, 1783. And Translation."

"Copy of the Definitive Treaty of Peace and Friendship between His Majesty and the King of Spain, signed at Versailles, September 3d, 1783. And Translation."

"Copy of the Definitive Treaty of Peace and Friendship between His Majesty and the United States of America, signed at Paris, September 3d, 1783."

And the Titles thereof being read by the Clerk;

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

Causes put off.

Upon reading the Petition of James Dalrymple, of Orangefield, Appellant in a Cause depending in this House, and of Robert Hunter, of Thurston Esquire, and others, Respondents thereto: Also, Upon reading the Petition of John Shortreid, of Greenhead, Appellant in a Cause depending in this House, and of Andrew Brown, Respondent thereto: Also, Upon reading the Petition of George Duncan and others, Appellants in a Cause depending in this House, and of the Magistrates and Town Council of Aberdeen and others, Respondents thereto: Also, Upon reading the Petition of the Reverend Mr. William Milligan, Appellant in a Cause depending in this House, and of Sir John Wedderburn and others, Respondents thereto: Also, Upon reading the Petition of James Bruce Esquire, Appellant in a Cause depending in this House, and of the Carron Company, Respondents thereto, et è contra: And also, Upon reading the Petition of Margaret Lady Gray, Appellant in a Cause depending in this House, and of Mrs. Isabel Blair and others, Respondents thereto; setting forth, "That the several Parties to the said Causes were prepared to have gone to hearing in the End of last Session of Parliament, when their Counsel from Scotland attended, and were instructed for that Purpose; That it would be extremely inconvenient for the Petitioners, if their Lordships should bring on the hearing of these Causes at this Time when their Counsel are in Scotland, and cannot be here sooner than the middle of March next;" and therefore praying their Lordships, "That the Cause first mentioned may be appointed to be heard on the 16th Day of March next, and all the others in their order on the subsequent Cause Days:

It is Ordered, That the first-mentioned Cause be appointed for hearing on Tuesday the 16th Day of March next, and that all the other Causes be appointed in their Order on the subsequent Cause Days.

Plimley against Bowles.

Upon reading the Petition of George Bowles Gentleman Defendant in a Writ of Error depending in this House, wherein Thomas Plimley Esquire is Plaintiff; setting forth, "That the 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 non-pros'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 Non-pros 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.

Fraser and Maxton against Walsh et al.

The House being informed, "That John Walsh Esquire, and others Respondents to the Appeal of Simon Fraser, Merchant in London, and John Maxton, Cashier to the Perth United Company, 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 Thomas Miller, 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.

Adjourn.

Comes Mansfield Capitalis Justiciarius Banci Regis declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, decimum octavum diem instantis Novembris, horâ undecimâ Auroræ, Dominis sic decernentibus.

DIE Martis, 18^o Novembris, 1783.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

The Earl of Mansfield sat Speaker, by virtue of a former Commission.

Mitchell and Gay against Ld. Rodney & Vaughan, in Error:

The Order of the Day being read, for the further hearing of Counsel to argue the Errors assigned upon the Writ of Error, wherein John Mitchell and John Gay are Plaintiffs, and Sir George Brydges Rodney Baronet (now Lord Rodney), and the Honourable John Vaughan are Defendants; and for the Judges to attend:

Counsel were accordingly called in.

And the first Counsel for the Plaintiffs having been heard by Way of Reply;

The Counsel were directed to withdraw.

Proposed, That the following Question be put to the Judges; (videlicet)

Question to Judges.

"Whether the Plaintiffs are entitled to recover upon this special Verdict?"

The same was agreed to, and ordered accordingly.

And the Judges desiring Time to consider the said Question;

Ordered, That the further Consideration of the said Cause be put off to Monday next; and that the Judges do then deliver their Opinions upon the said Question.

East India Goods, &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)

"An Account of Prohibited East India Goods imported into St. Helen's, and Private Trade Warehouse in the Port of London, from Michaelmas 1782 to Michaelmas 1783; also what exported during that Period, and what remained in the said Warehouse at Michaelmas 1783."

"An Account of Prohibited East India Goods imported into Leadenhall Warehouses in the Port of London, from Michaelmas 1782 to Michaelmas 1783, also what exported during that Time, and what remained in the said Warehouse at Michaelmas 1783."

"An Account of Prohibited East India Goods remaining in His Majesty's Warehouse in the Port of London at Michaelmas 1782, what have since been brought in, what exported, as also what remained at Michaelmas 1783."

"An Account of East India Goods Prohibited to be worn in this Kingdom, in the respective Warehouses in the Out Ports, at Michaelmas 1782, what have been since brought in, what exported, as also what remained at Michaelmas 1783."

"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 1782, in order to be dyed, glazed, and refreshed, what have been since returned, and what remained at Michaelmas 1783."

"An Account of Naval Stores imported from Russia into the Port of London, from Michaelmas 1782 to Michaelmas 1783."

"An Account of Naval Stores imported from Russia into the Ports of England, commonly called the Out Ports from Michaelmas 1782 to Michaelmas 1783."

"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 1783."

And then they withdrew:

And the Titles thereof being read by the Clerk;

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

Bruce against Cleghorns.

Upon reading the Petition and Appeal of William Bruce, late Shipmaster in Dundee, now in London, complaining of three Interlocutors of the Lord Ordinary in Scotland of the 5th of August 1777, and the two subsequent Interlocutors of his Lordship adhering thereto; and also of two Interlocutors of the Lords of Session there, of the 2d of February 1779, and their subsequent Interlocutor adhering thereto; 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 Robert Cleghorn and Alexander Cleghorn, Bakers in Leith, may be required to answer the said Appeal:"

It is Ordered, That the said Robert Cleghorn and Alexander Cleghorn may have a Copy of the said Appeal, and do put in their Answer or respective Answers thereunto in Writing, on or before Tuesday the 16th Day of December next; and Service of this Order upon the said Respondents, or upon any of their Counsel or Agents in the Court of Session in Scotland, shall be deemed good Service.

Kaye against Bruere.

A Petition of Joseph Kaye Appellant in a Cause depending in this House, to which Goulstone Bruere is Respondent, was presented and read; setting forth, "That on the First Day of this Session of Parliament, this Cause stood in course for hearing, the Eighth in their Lordships' Paper: That had the Cause been regularly heard, the Petitioner should have been ready for the hearing in its course; but upon perusing their Lordships' Paper of Causes, Yesterday, the Petitioner found that Six Causes had been put off, which brought the Petitioner's Cause on for hearing To-morrow. That the Petitioner hath not yet been able to get his Case finally settled by Counsel, and therefore, cannot possibly be ready for the Hearing To-morrow: and praying for these Reasons that their Lordships would be pleased to put off the hearing of this Cause for a Fortnight, or to such other further Day, as to their Lordships in their great Wisdom should seem proper:"

And thereupon the Agents on both Sides were called in and heard at the Bar; and being withdrawn;

Ordered, That the hearing of the said Cause be put off to Friday next; and the other Causes removed in Course.

Robertson against Henderson and Kemp.

The House being informed, That Helen Henderson, Wife of George Kemp, and the said George Kemp her Husband, Respondents to the Appeal of Katharine Robertson, formerly M^cLean, 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 John Campbell, 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.

Time for prosecuting Appeals extended.

Notice was taken "That the Time limited by the standing Orders of this House of the 5th of April 1720, requiring Appeals to be prosecuted within Eight Days from the First Day of every Session or Meeting of Parliament, expires to-morrow;"

Ordered, That the Time limited for that Purpose be extended to the next Sitting Day of the House.

Adjourn.

Comes Mansfield Capitalis Justiciarius Banci Regis, declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, vicesimum primum diem instantis Novembris, horâ undecimâ Auroræ, Dominis sic decernentibus.