House of Lords Journal Volume 39: December 1790 11-20

December 1790 11-20

DIE Lunæ, 13^o Decembris 1790.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

PRAYERS.

Livingstone against E. Breadalbane.

The Answer of John Earl of Breadalbane, to the Appeal of Thomas Living stone, of Parkhall, Esquire, was this Day brought in.

D. Clarence takes the Oaths.

His Royal Higness William Henry Duke of Clarence took the Oaths, and made and subscribed the Declaration; and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Other Lords take the Oaths.

The Lords following did the same:

Charles Earl Camden, Lord President of the Council.

Charles Duke of Richmond.

Aubrey Duke of St. Albans.

William Duke of Devonshire.

Edward Earl of Derby.

George Earl of Winchelsea and Nottingham.

William Earl of Essex.

Henry Earl of Doncaster.

Anthony Ashley Earl of Shaftesbury.

Other Earl of Plymouth.

George James Earl of Cholmondeley.

George Earl of Egremont.

John Richard Earl De la Warr.

Richard Earl Grosvenor.

Edward Earl Beaulieu.

Richard Lord Bishop of Llandaff.

William Lord Bishop of Chester.

John Lord Elphinstone.

Peter Lord King.

William Lord Ponsonby.

Henry Lord Stawell.

John Lord Cardiff.

William Lord Grantley.

Appeals left at the Parliament Office to be received.

The House being informed, "That several Appeals had been left at the Parliament-Office within the Time limited by the Standing Order for receiving Appeals, during the Adjournment of the House:"

Ordered, That the said Appeals be now received.

The House being also informed, "That an Appeal had been only left this Day, through Mistake of the Agent not knowing that the same ought to have been lodged at the Parliament-Office, within the Time limited for receiving Appeals, the House having adjourned over the said Time:"

Ordered, That the said Appeal be now received.

Chalmer to enter into Recognizance on Balfour's Appeal.

The House being moved, "That James Chalmer, of Abingdon Street, Westminster, Gentleman, may be permitted to enter into a Recognizance for John Hay Balfour Esquire, 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.

Spottiswoode to enter into Recognizance on Cowan's Appeal.

The House being moved, "That John Spottiswoode of Sackville Street, Gentleman, may be permitted to enter into a Recognizance for John Cowan Merchant, 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.

Livingstone against E. Breadalbane.

The House being moved, "That a Day may be appointed for hearing the Cause wherein Thomas Livingstone, of Parkhall, Esquire, is Appellant, and John Earl of Bredalbane 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.

Belsches against Buchanan.

Upon reading the Petition and Appeal of Robert Belsches of Greenyards, Esquire, one of the Freeholders of the County of Stirling; complaining of Two Interlocutors of the Lords of Session in Scotland, of the 23d of February and 25th of June 1790; and praying, "That the same may be reversed, varied, or amended, or that the Appellant may have such other Relief in the Premises, as to this House, in Their Lordships' great Wisdom, shall seem meet; and that Walter Buchanan, of Balfunning, Esquire, may be required to answer the said Appeal:"

It is Ordered, That the said Walter Buchanan may have a Copy of the said Appeal, and do put in his Answer thereunto in Writing, on or before Monday the 10th Day of January next; and service of this Order upon the known Counsel or Agents of the said Respondent in the Court of Session in Scotland, shall be deemed good service.

Irving against Shortreid.

Upon reading the Petition and Appeal of John Irving late Provost of the Burgh of Annan; complaining of Three Interlocutors of the Lords of Session in Scotland, of the 8th and 24th of June, and 8th of July 1790, and also of an Interlocutor of the Lord Ordinary there, of the 9th of July 1790, in so far as they find the Defenders liable for the Sums pursued for, or any Part thereof, and decern against them for the same; and praying, "That the same may be reversed, varied, or amended, or that the Appellant may have such other Relief in the Premises as to this House, in their Lordships' great Wisdom, shall seem meet; and that Mrs. Nancy Shortreid, otherwise Johnston, Widow, Relict of William Johnston, Writer to the Signet, may be required to answer the said Appeal:"

It is Ordered, That the said Mrs. Nancy Shortreid, otherwise Johnston, may have a Copy of the said Appeal, and do put in her Answer thereunto in Writing, on or before Monday 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.

Martin against Tait et al.

Upon reading the Petition and Appeal of John Martin of Lyon's Inn, within the Liberty of Westminster, in the County of Middlesex, Gentleman, complaining of Two Interlocutors of the Lord Ordinary in Scotland, of the 5th of March and 13th of May 1790, and also of an Interlocutor of the Lords of Session there, of the 25th of May 1790; and praying, "That the same may be reversed, varied, or amended, or that the Appellant may have such other Relief in the Premises as to this House, in Their Lordships' great Wisdom, shall seem meet; and that James Tait Clerk, of Canongate, James Cargill Writer to the Signet, and William Gilles Messenger or Officer of Arms, may be required to answer the said Appeal:"

It is Ordered, That the said James Tait, James Cargill, and William Gilles, may have a Copy of the said Appeal, and do put in their Answer or respective Answers thereunto in Writing, on or before Monday the 10th 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.

Chalmer to enter into a Recognizance on Belsche's Appeal.

The House being moved, "That James Chalmer, of Abingdon Street, Westminster, Gentleman, may be permitted to enter into a Recognizance for Robert Belsches 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.

Webb's Petition referred to Judges.

Upon reading the Petition of Nathaniel Webb, of Saville Row, in the County of Middlesex, 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 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.

Chandos Peerage Committee to meet.

Upon reading the Petition of the Reverend Edward Tymewell Brydges Clerk, setting forth, "That His Majesty having been graciously pleased to refer the Petitioner's Claim to the Honour and Dignity of Baron Chandos of Sudeley, to the Consideration of their Lordships, the same was partly heard before their Lordships in the last Session of Parliament;" and therefore praying Their Lordships, "To appoint an early Day for the further Hearing of the Petitioner's said Claim:"

It is Ordered, That the Lords Committees for Privileges do meet to consider the said Claim on Thursday next; and that Notice thereof be given to His Majesty's Attorney General; and that the Judges do then attend.

Lindsay against Kenlock and Nairn.

Upon reading the Petition and Appeal of David Lindsay, General Disponee of the deceased Mrs. Margaret Balneaves his Spouse, Daughter of the also deceased John Balneaves late of Carnbaddie, complaining of five Interlocutors of the Lord Ordinary in Scotland, of the 28th of November and 30th of December 1780, and 19th of January, 19th of June, and 7th of August 1781; also of two Interlocutors of the Lords of Session there, of the 17th and 31st of January 1782; also of five other Interlocutors of the said Lord Ordinary, of the 25th and 27th of February, 11th of March, and 9th of August 1783, and 7th of August 1784; also of two other Interlocutors of the said Lords, of the 22d of February and 28th of July 1785; also of three other Interlocutors of the said Lord Ordinary, of the 23d of January and 7th of February 1787, and 22d of July 1789; and also of two other Interlocutors of the said Lords, of the 19th of May and 8th of June 1790; and praying, "That the same may be reversed, altered, or varied, or that the Appellant may have such other Relief in the Premises as to this House, in their Lordships' great Wisdom, shall seem proper; and that George Kenlock now of Kinlock, and John Nairn Younger, of Drumkello, the now Defenders in the Court of Session, may be required to answer the said Appeal:"

It is Ordered, That the said George Kenlock and John Nairn may have a Copy of the said Appeal, and do put in their Answer or respective Answers thereunto in Writing, on or before Monday the 10th Day of January next; and Service of this Order upon the Agent or any of the Counsel for the said Respondents in the Court of Session in Scotland, shall be deemed good Service.

East Indies, List of Officers in, delivered.

The House being informed, "That Mr. Morton from the Directors of the East India Company attended:"

He was called in, and delivered at the Bar, pursuant to an Act of the Twenty-fourth Year of His present Majesty,

"A List of all Offices, Places, and Employments, in the Civil and Military Establishments of the United East India Company in the East Indies, with the Salaries or Pay and Emoluments belonging thereto, or allowed or paid by the said Company in respect thereof:"

And then he withdrew.

And the Title thereof being read by the Clerk;

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

Govan and Mitchel against Govan.

Upon reading the Petition of Jean Govan and William Mitchell her Husband, setting forth, "That the Petitioners are very poor, as by the Affidavit and Certificate annexed appears; that the Petitioners conceiving themselves to be aggrieved by certain Interlocutors pronounced by Lord Gardenston, and by Lord Swinton, and by the late Lord Kennet, Ordinaries in an Action which was carried on some Years ago in the Court of Session in Scotland, at their Instance, against John Govan of Mains, and being advised that notwithstanding the said Interlocutors they had a good and probable Ground for appealing from the Lords Ordinaries Judgment, as by the Certificate annexed will also appear, they have lately presented their Appeal to Their Lordships, praying that the Interlocutors appealed from might be reversed; that by Reason of their Poverty they are unable to prosecute their said Appeal, unless they are by Their Lordships ordered to be admitted so to do in favour in Formâ Pauperis;" and therefore praying, "Their Lordships will be pleased to order them to be admitted to prosecute as Appellants in Formâ Pauperis, and to assign them for Counsel Mr. Thomas Macdonald and Mr. Archibald Campbell, and for their Solicitor Alexander Fraser:"

It is Ordered, That the Petitioners be admitted to prosecute their Appeal in Formâ Pauperis in this House, as desired.

Public Debt, Additions to Annual Charge; Duties for defraying Loans, &c. Accounts delivered.

The House being informed, "That Mr. Speer from the Treasury attended:"

He was called in, and delivered at the Bar, pursuant to the Directions of an Act of Parliament,

No. 1. "An Account of all Additions which have been made to the annual Charge of the Public Debt by the Interest or Annuities, for or on account of any Loan which hath been made subsequent to the passing of an Act of the 27th Year of the Reign of His present Majesty, intituled, "An Act for repealing the several Duties of Customs and Excise, and granting other Duties in Lieu thereof; and for applying the said Duties together with the other Duties composing the Public Revenue; for permitting the Importation of certain Goods, Wares, and Merchandize, the Produce or Manufacture of the European Dominions of the French King into this Kingdom; and for applying certain unclaimed Monies remaining in the Exchequer, for the Payment of Annuities on Lives to the Reduction of the National Debt."

2. "An Account of the Produce of the Duties imposed for the Purpose of defraying the encreased Charge occasioned by the Loans made in Pursuance of an Act of the Twenty-ninth Year of the Reign of His present Majesty, intituled, "An Act for raising a certain Sum of Money by way of Annuities," and of one other Act of the same Session, intituled, "An Act for raising a certain Sum of Money by way of Annuities to be attended with the Benefit of Survivorship in Classes," for one Year from the 10th Day of Octover 1789, to the 10th Day of October 1790, made up pursuant to an Act of the Twenty-seventh Year of the Reign of His present Majesty, intituled, An Act for repealing the several Duties of Customs and Excise, and granting other Duties in Lieu thereof; and for applying the said Duties together with the other Duties composing the Public Revenue; for permitting the Importation of certain Goods, Wares, and Merchandize, the Produce or Manufacture of the European Dominions of the French King into this Kingdom; and for applying certain unclaimed Monies remaining in the Exchequer for the Payment of Annuities on Lives to the Reduction of the National Debt."

3. "An Account of the Produce of the additional Duties on Horses and Carriages, granted from the 5th of July 1789, for one Year ending the 10th October 1790, so far as the same can be made up."

4. "An Account of the additional Duties 1789, on Newspapers, Advertisements, Cards, Dice, Legacies, and Probates of Wills, from the 10th of October 1789, to the 10th of October 1790."

5. "An Account of the Total Net Produce and Payments into the Exchequer of the Duties of Customs of Great Britain, in the four Quarters preceding 10th October 1790, distinguishing as far as possible the Produce on every separate Article, the Duties on which shall have amounted to £1,000 or more."

6. "An Account of the Total Net Produce paid into the Exchequer of the Duties of Excise in England and Scotland, distinguishing as far as possible the Produce on every separate Article, the Duties on which shall have amounted to £1,000 or more, in the four Quarters next preceding the 10th Day of October 1790."

7. "An Account of the Total Net Produce paid into the Exchequer of the Duties arising from the Stamp Revenue that have amounted to £1,000 or more, between the 10th Day of October 1789 and the 10th Day of October 1790."

8. "An Account of the Total Net Produce paid into the Exchequer of the Duties under the Head of Incidents, distinguishing as far as possible in each Branch the Produce on every separate Article, the Duties on which shall have amounted to £1,000 or more, in the four Quarters next preceding the 10th Day of October 1790."

9. "An Account of the Total Produce of the Duties of Customs, Excise Stamps and Incidents respectively, for one Year ended the 10th Day of October 1790, distinguishing (as far as possible) in each Branch the Produce on every respective Article, the Duties on which have amounted to £1,000 or more, in the four Quarters of the said Year."

And then he withdrew.

And the Titles thereof being read by the Clerk;

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

Southey against Kohn 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

John Southey is Plaintiff,

and

George Lewis Kohn Defendant.

Capture of British Vessels by Spain, Motion for Address for Memorials respecting, negatived.

It was moved, "That an humble Address be presented to His Majesty, that He may be graciously pleased to give Directions, that there be laid before this House all Memorials that have been presented to and received from the Court of Spain, from the 10th of February last inclusive, till the 28th of October, relative to the late Dispute between the Courts of Great Britain and Spain, on the Subject of the Ships captured in Nootka Sound, and the Negotiation that followed thereupon."

The Question was put thereupon?

It was resolved in the Negative.

Spain, Declaration, Counter Declaration and Convention with, considered:

The Order of the Day being read for taking into Consideration the Copy of the Declaration and Counter Declaration, and also Copy of the Convention between His Majesty and the King of Spain; and for the Lords to be summoned:

Address thereupon.

It was moved, "That an humble Address be presented to His Majesty, humbly to express to His Majesty, that having taken into Consideration the Declarations exchanged between His Majesty's Ambassador and the Minister of the Catholic King, and the Convention since concluded for terminating the Differences which had arisen with the Court of Spain, we feel ourselves bound to return His Majesty our most dutiful Acknowledgments for the Paternal Regard to the Rights and Interests of His People manifested by His Majesty on this Occasion.

That we are fully sensible of the Wisdom and Justice of the Objects which His Majesty proposed to himself in the whole of this Transaction, the obtaining a suitable Reparation for the Act of Violence committed at Nootka; the removing the Grounds of similar Disputes in future, and the securing to His Majesty's Subjects the Exercise of their Navigation, Commerce, and Fisheries, in those Parts of the World which were the Subject of Discussion.

"That if the Issue of the Negociation had unfortunately not corresponded with His Majesty's just Expectations, we should have looked with the fullest Confidence to the Extent of the late Preparations, to the Zeal and Public Spirit of this Country in support of His Majesty's Exertions, and to the Disposition and Conduct of His Majesty's Allies; but that we participate with grateful Hearts in that Satisfaction which His Majesty must derive from seeing that those Objects which His Majesty had in view, have by the Wisdom and Moderation of His Majesty's Conduct been so satisfactorily secured to this Country without any actual Interruption of the Blessings of Peace."

Which being objected to;

And a Question stated thereupon;

After long Debate,

The previous Question was put, "Whether the said Question shall be now put?"

It was resolved in the Affirmative.

Then the Question was put, "Whether to agree to the said Motion for an Address?"

It was resolved in the Affirmative.

Ordered, That the said Address be presented to His Majesty, by the Lords with white Staves.

Adjourn.

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

DIE Mercurii, 15^o Decembris 1790.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Irving et al. against Shortreid:

Upon reading the Petition and Appeal of John Irving, late Provost of the Burgh of Annan, Thomas Irving, and Gavin Irving, late Baillies, George Pool, late Treasurer, and William Elliot, late Dean of Guild of the said Burgh, and of the Provost, Magistrates, and Council of the said Burgh, as representing the Community thereof, complaining of Four Interlocutors of the Lords of Session in Scotland, of the 8th and 24th of June, and 8th of July, and 7th of December, 1790; and also of an Interlocutor of the Lord Ordinary there, of the 9th of July, 1790, in so far as they find the Petitioners, or any of them, or the Community of the Burgh liable for the Sums pursued for, or any Part thereof, and decern against them for the same; and praying, "That the same may be reversed, varied or amended, so far as complained of, 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. Nancy Shortreid, otherwise Johnston, the Relict of William Johnston Writer to the Signet, may be required to answer the said Appeal:"

It is Ordered, That the said Mrs. Nancy Shortreid otherwise Johnston may have a Copy of the said Appeal, and do put in her Answer thereunto in Writing on or before Wednesday the 12th 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 Abingdon Street, Westminster, Gentleman, may be permitted to enter into a Recognizance for John Irving 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.

Chandos Peerage Committee deferred.

It was moved, "That the Order made on Monday last, for the Committee for Privileges to meet to consider of the Petition of Edward Tymewell Brydges, Clerk, claiming the Title and Dignity of Baron Chandos of Sudely To-morrow, be now read."

The same was accordingly read by the Clerk.

Ordered, That the said Order be discharged.

Ordered, That the Lords Committees for Privileges do meet to consider of the said Claim on Tuesday next, and that Notice thereof be given to His Majesty's Attorney General; and that the Judges do then attend.

Noordingh's Naturalization Bill.

A Message was brought from the House of Commons by Mr. John Pitt and others:

With a Bill, intituled, "An act for Naturalizing Christian Noordingh;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Adjourn.

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

DIE Veneris, 17^o Decembris 1790.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Stirling Banking Company against Allan and Company.

Ordered, That the further Consideration of the Cause wherein the Stirling Banking Company and others are Appellants, and Messieurs Allan, Steuart, and Company are Respondents, et è contra, be put off to Monday next; and that the Agents do then attend with the Extracts of the original Judgments.

Waddel against Waddel et al.

After hearing Counsel in Part in the Cause wherein William Waddel is Appellant, and Elizabeth, Agnes, and Ann Waddel and others are Respondents:

It is Ordered, That the further Hearing of the said Cause be put off to Monday next; and that the Cause which stands for Monday next be put off to Wednesday next; and that the rest of the Causes be removed in Course.

Land Tax Bill.

A Message was brought from the House of Commons, by Mr. Gilbert 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 ninety-one;" to which they desire the Concurrence of this House.

Doveridge Enclosure Bill.

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

With a Bill, intituled, "An Act for dividing and enclosing the Common Fields, Common Pastures, and Waste Lands within the Parish of Doveridge, alias Dovebridge, in the County of Derby;" to which they desire the Concurrence of this House.

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

Armstrong against His Majesty's Advocate.

A Petition of David Armstrong Esquire, Appellant in a Cause depending in this House, and of His Majesty's Advocate Respondent thereto, was presented and read; setting forth, "That they are desirous that the Hearing of this Cause be put off to the next Session of Parliament;" and therefore praying Their Lordships, "To put off the Hearing of this Cause to the next Session of Parliament."

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 the next Session of Parliament, as desired.

Noordingh's Naturlization Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for Naturalizing Christian Noordingh."

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.

King's Answer to Address.

The Lord Steward reported, "That the Lords with white Staves had (according to Order) waited on His Majesty with their Lordships' Address of Monday last; and that His Majesty was pleased to receive the same very graciously."

Land Revenue. Seventh Report of Commissioners delivered.

The House being informed, "That Mr. Harrison from the Commissioners appointed to enquire into the State and Condition of the Land Revenues of the Crown attended:"

He was called in, and delivered at the Bar,

"The Seventh Report of the Commissioners appointed to enquire into the State and Condition of the Woods, Forests, and Land Revenues of the Crown, and to sell or alienate Fee Farm and other unimproveable Rents;" together with a Plan of Salcey Forest, referred to in the said Report.

And then he withdrew.

And the Title thereof being read by the Clerk;

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

Election of Peers for Scotland, E. Stair and D. Queensberry's Petitions respecting.

Upon reading the Petition of John Earl of Stair, setting forth, "That a Petition was presented to their Lordships on the 1st Day of this Month of December 1790, for Dunbar Earl of Selkirk, and James Earl of Hopetoune, wherein the said Earls complain of the Return or Certificate made by the Clerks of Session officiating at the last Election of Peers to represent the Peerage of Scotland in this present Parliament, and stating in their said Petition, that the Proxies and Votes of the Earl of Caithness and Lord Ochiltree ought not to have been received or counted by the Clerks of Session officiating at the said Election, for the Reasons stated in the said Petition, and praying that the said Return may be altered: That the Petitioner, being deeply interested in the Matter contained in the said Petition, and in the Alteration of the Return, prayed thereby;" the Petitioner therefore prays Their Lordships, "That he may be heard by himself or Counsel against the Matter of the said Petition and the Request made therein:"

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

Upon reading the Petition of William Duke of Queensberry, setting forth, "That His Majesty was pleased to issue His Royal Proclamation under the Great Seal, bearing Date the 11th Day of June 1790, commanding all the Peers of Scotland to assemble and meet at Holyroodhouse in Edinburgh, on Saturday the 24th Day of July then next ensuing, to nominate and choose the Sixteen Peers to sit and vote in the ensuing Parliament of Great Britain by open Election and Plurality of Voices of the Peers that should then be present, and of the Proxies of such as should be absent: That upon the said 24th Day of July last, several of the Peers of Scotland did accordingly assemble at Holyroodhouse to make such Election as aforesaid, and that the Petitioner being a Peer of Scotland, and not being Personally present at the said Meeting, did duly send to the said Meeting according to the Provisions of the Statutes in that behalf made and provided, a signed List, containing the Names of the Dukes of Hamilton, Buccleugh, Gordon, Argyle, Atholl, and Roxburgh, the Marquis of Lothian, the Earls of Selkirk, Marchmont, Lauderdale, Dumfries, Stair, Eglintoune, and Aberdeen, the Viscount of Stormont and the Petitioner, for whom the Petitioner did thereby give his Vote, and that such List was duly tendered at the said Meeting on the Behalf of the Petitioner by Crauford Tait Writer to the Signet; but that such signed List was rejected by George Home and Robert Sinclair Esquires, two of the Principal Clerks of Session appointed by the Lord Clerk Registrar of Scotland to officiate as his Deputies on that Occasion, and that on casting up the Votes given at the said Election the Vote of the Petitioner in favour of the said Peers whose Names are contained in his said signed List, was not counted by the said Deputies, whereby it appeared that the Earls of Eglintoune, Moray, Kellie, Lauderdale, Dumfries, Elgin, Balcarres, Breadalbane, Glasgow, Viscount of Stormont, Lords Cathcart, Elphinstone, and Torphichen, were elected by a Majority of Voices to be Thirteen of the Sixteen Peers to sit and vote in the House of Peers in the ensuing Parliament of Great Britain, and that the Votes for the Earl of Galloway, Selkirk, Stair, and Hopetoune, and for Lords Somerville and Napier were equal, whereas in fact the said Earls of Selkirk and Stair had a lawful Majority of Votes at the said Election, and ought to have been returned as duly elected; and that by reason of the Premises an undue Return of the said Election has been made by the said Deputies to the Prejudice of the Petitioner and of the other Peers of Scotland;" and therefore praying, "That Their Lordships will take the Premises into Consideration, and grant such Relief therein as to Their Lordships may seem meet:"

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

Canterbury Road Bill.

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

With a Bill, intituled, "An Act for making a new Road from Saint George's Gate in the City of Canterbury, to a Place called Gutteridge Bottom; and for repairing and widening the present Road from thence to the Dover Turnpike Road in the Parish of Barham in the County of Kent;" to which they desire the Concurrence of this House.

Beal Enclosure Bill.

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

With a Bill, intituled, "An Act for dividing and enclosing the Open Common Fields, Meadows, Ings, or Pastures, and other Commonable Lands and Waste Grounds, within the Lordships or Liberties of Beal, otherwise Beaghall, and Kellingley, in the Parish of Kellington, in the West Riding of the County of York;" to which they desire the Concurrence of this House.

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

D. Dorset et al. Petition referred to Judges.

Upon reading the Petition of the Most Noble John Frederick Duke of Dorset, and of the several other Persons whose Names are thereunto subscribed, Trustees of and for the Manors and Hereditaments purchased, given, and settled by Henry Smith Esquire, deceased, and his Trustees since his Decease to charitable Uses; 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 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.

Lindsay against Kinloch and Nairne.

Upon reading the Petition of David Lindsay, Appellant in a Cause depending in this House, to which George Kinloch and John Nairne are Respondents, setting forth, "That the Petitioner is very poor (as by the Affidavit and a Certificate annexed appears), and conceiving himself aggrieved by certain Interlocutors of the Court of Session in Scotland, and it appearing to his Counsel there that he hath good and probable Cause to appeal therefrom, (as by another Certificate also annexed appears,) he hath appealed therefrom to Their Lordships, but by reason of his Poverty is unable to prosecute his said Appeal and enter into the usual Recognizance, unless he shall be admitted to prosecute his Appeal in Formâ Pauperis;" and therefore praying, "Their Lordships will be pleased to order him to be admitted to prosecute his said Appeal in Formâ Pauperis, and to assign him for his Counsel the Honourable Thomas Erskine and William Grant Esquire, and for his Solicitor William Suttie:"

It is Ordered, That the Petitioner be admitted to prosecute his Appeal in Formâ Pauperis in this House, as desired.

Adjourn.

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

DIE Lunæ, 20^o Decembris 1790.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Sir J. Henderson against Henderson.

The Answer of Robert Bruce Henderson Esquire, to the Appeal of Sir John Henderson of Fordel Baronet, was this Day brought in.

Irving et al. against Shortreid.

As was also the Answer of Mrs. Nancy Shortreid otherwise Johnston, to the Appeal of John Irving and others.

Stirling Banking Company against Allan & Co.

Ordered, That the further Consideration of the Cause wherein the Stirling Banking Company and others are Appellants, and Messieurs Allan, Steuart, and Company are Respondents, et è contra, which stands appointed for this Day, be put off till To-morrow.

Waddel against Waddel et al:

After hearing Counsel as well on Friday the 7th Day of May last, as on Friday last and this Day, upon the Petition and Appeal of William Waddel of Easter Moffat, Nephew and universal Disponee of the deceased William Waddel of Calderhead; complaining of six Interlocutors of the Lord Ordinary in Scotland, of the 4th of July 1786, the 19th of June, 17th of July, 3d of August, 27th of November, and 13th of December 1787; and also of three Interlocutors of the Lords of Session there, of the 20th of January, 10th of February, and 3d of March 1789; and praying, "That the same might be reversed, varied, or altered, or that the Appellant might have such other Relief in the Premises as to this House, in Their Lordships' great Wisdom, should seem meet; as also upon the Answer of Elizabeth, Agnes, and Anne Waddel, Sisters German, and Executors of the deceased Henry Waddel, Writer in Edinburgh, and Andrew Clark of Wester Moffat, Husband of the said Agnes Waddel, and John Watt their Factor, put in to the said Appeal, and due Consideration had of what was offered on either Side in this Cause:"

Interlocutors affirmed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal be and is hereby dismissed this House, and that the said several Interlocutors therein complained of be and the same are hereby affirmed.

Land Tax Bill.

Hodie 2^a vice lecta est Billa, 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 ninety-one."

Ordered, That the said Bill be committed to a Committee of the whole House.

Ordered, That the House be put into a Committee upon the said Bill To-morrow.

Brand and Hollis' Petition referred to Judges.

Upon reading the Petition of Thomas Brand Esquire, on Behalf of himself and of his Children, Thomas Brand the Younger, Henry Brand and Gertrude Brand, all Infants under the Age of Twenty-one Years, and Thomas Brand Hollis 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 Heath and Mr. Baron Perryn, 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.

Canterbury Road Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for making a new Road from Saint George's Gate in the City of Canterbury, to a Place called Gutteridge Bottom, and for repairing and widening the present Road from thence to the Dover Turnpike Road in the Parish of Barham, in the County of Kent."

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

Their Lordships, or any Five of them, to meet To-morrow, at Ten o'Clock in the Forenoon, in the Prince's Lodgings, near the House of Peers; and to adjourn as they please.

Beal Inclosure Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Open Common Fields, Meadows, Ings or Pastures, and other Commonable Lands and Waste Grounds within the Lordships or Liberties of Beal, otherwise Beaghall, and Kellingley, in the Parish of Kellington, in the West Riding of the County of York."

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

Their Lordships, or any Five of them, to meet on the same Day at the same Place, and to adjourn as they please.

Doveridge Inclosure Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Common Fields, Common Pastures, and Waste Lands, within the Parish of Doveridge alias Dovebridge, in the County of Derby."

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

Their Lordships, or any Five of them, to meet on the same Day at the same Place, and to adjourn as they please.

E. Ferrers takes the Oaths.

This Day Robert Earl Ferrers took the Oaths, and made and subscribed the Declaration; and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Election of Peers for Scotland, Petitions respecting.

Upon reading the Petition of Francis Lord Napier, setting forth, "That a Petition was presented to Their Lordships, on the 1st day of this Month of December, 1790, for Dunbar Earl of Selkirk and James Earl of Hopetoun, wherein the said Earls complain of the Return or Certificate made by the Clerks of Session officiating at the last Election of Peers, to represent the Peerage of Scotland, in this present Parliament, and stating in their said Petition, that the Proxies and Votes of the Earl of Caithness and Lord Ochiltree ought not to have been received or counted by the Clerks of Session officiating at the said Election for the Reasons stated in the said Petition, and praying that the said Return may be altered: That the Petitioner being deeply interested in the Matter contained in the said Petition, and in the Alteration of the Return therein mentioned and prayed thereby;" the Petitioner therefore prays Their Lordships, "That he may be heard by himself or Counsel against the Matter of the said Petition, and the Request made thereby:"

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

Upon reading the Petition of George Marquis of Tweeddale, David Stewart Earl of Buchan, John Bowes Earl of Strathmore, Archibald Earl of Dundonald, Alexander Lord Saltoun, Hugh Lord Sempill, Alexander Lord Elibank, George Lord Kinnaird, and John Lord Kirkcudbright; setting forth, "That His Majesty was pleased to issue his Royal Proclamation under the Great Seal bearing Date the 11th Day of June, in the Year 1790, commanding the Peers of Scotland to assemble at Holyrood House in Edinburgh on Saturday the 24th day of July, then next ensuing, to nominate and chuse the sixteen Peers, to sit and vote in the House of Peers, in the then ensuing and now present Parliament, by open Election and Plurality of Voices of the Peers that should be then present, and of the Proxies of such as should be absent, and the Lord Clerk Registrar, or such two of the principal Clerks of Session, as should be appointed by him to officiate in his Name, were thereby required to attend such Meeting, and to administer the Oaths required by Law to be taken there by the said Peers, and to take their Votes: That, in Obedience to the said Proclamation, sundry of the Peers of Scotland assembled on the Day and at the Place so appointed, and sundry other Peers attended by their Proxies, or sent Lists as allowed by Law: That George Home, and Robert Sinclair Esquires, two of the principal Clerks of Session, appointed by the Lord Clerk Registrar to officiate in his Name, attended the said Meeting as returning Officers, and have made their Return or Certificate: That the Earls of Eglintoun, Moray, Kellie, Lauderdale, Dumfries, Elgin, Balcarras, Breadalbane and Glasgow, the Lord Viscount Stormont, and Lords Cathcart, Elphinstone and Torphichen, were duly elected to be thirteen of the sixteen Peers to sit and vote in the House of Peers in the ensuing Parliament of Great Britain, and that the Votes for the Earls of Galloway, Selkirk, Stair and Hopetoun, and for Lords Somerville and Napier were equal: That it will appear from the Minutes of Election when produced, that the said Return or Certificate was made in consequence of receiving and reckoning the Votes of Persons styling themselves severally Earl of Caithness, Lord Ochiltree, Lord Lindores, Lord Napier, and Lord Belhaven, whereas the Petitioners apprehend and are advised, that the Persons who severally assumed or gave their Votes under those Titles, were not entitled to vote at the said Election, of which the Petitioners are ready to satisfy the House, by entering into the particular Objections applicable to each of the Persons who assumed or gave their Votes under the said several Titles: That the said Return or Certificate was likewise made in consequence of receiving and reckoning the Votes of the Earl of Roseberry, the Earl of Deloraine, the Lord Viscount Dumblane, the Lord Sinclair, the said Lord Lindores, and the Lord Fairfax of Camerton, although the Petitioners are advised and apprehend, that no legal or proper Evidence was produced of those noble Lords being qualified as the Law requires to vote at the said Election: That the said Return or Certificate was farther so made in consequence of the returning Officers taking upon them to reject the Votes tendered at the said Election by Walter Lord Lyle, a Peer of Scotland, whereas the Petitioners apprehend that the said Walter Lord Lyle was entitled to vote, and that his Votes ought to have been reckoned: That the Petitioners are advised and apprehend that it will appear, upon an Examination into the Legality of the Votes given and tendered at the said Election, that the Marquis of Tweeddale, the Earl of Glencairn, the Earl of Strathmore, the Earl of Lauderdale, the Earl of Dumfries, the Earl of Selkirk, the Earl of Breadalbane, the Earl of Aberdeen, the Earl of Hopetoun, the Lord Viscount Stormont, and the Lords Saltoun, Gray, Sempill, Cranstoun, Elibank and Kinnaird were elected by a Majority of legal Votes, and ought to have been the sixteen Peers returned to represent the Peers of Scotland in the present Parliament, and that the Earls of Eglintoun, Moray, Kelly, Elgin, Balcarres, and Glasgow, and the Lords Cathcart, Elphinstone and Torphichen, were not duly elected, nor were the legal Votes given for the Earl of Galloway, the Earl of Stair, the Lord Somerville, and the Lord Napier, equal to those given for the Earls of Selkirk and Hopetoun, as set forth in the said Return and Certificate, or equal to those given for other noble Lords, not named in the said Certificate or Return: That the Petitioners are advised and apprehend that the said Certificate and Return is erroneous and ought to be amended, by erasing some of the Names or Titles therein mentioned, and inserting the Names or Titles of other Peers of Scotland, according to the Evidence to be laid before Their Lordships, with respect to the Legality and Number of the Votes given at the said Election;" and therefore praying the House, "To take the Premises under their Consideration, to allow the Petitioners to be heard by their Counsel against the said Return or Certificate, and that Their Lordships will be pleased to alter or amend the same, according to what shall appear to be the Merits of the Election, upon the Evidence to be laid before the House and Law and Justice, and that they will give the Petitioners and the other Peers of Scotland such other Relief, upon the Matter of the said Election and Return as to Their Lordships, in their great Wisdom, shall seem proper under all the Circumstances:"

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

Byng's Petition referred to Judges.

Upon reading the Petition of George Byng 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. Baron Hotham, 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.

University of Glasgow against E. Selkirk et al:

Upon reading the Petition and Appeal of the Principal and Professors of the University of Glasgow, complaining of two Interlocutors of the Lords of Session in Scotland, of the 19th of November and 7th of December 1790; 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 Dunbar Earl of Selkirk, Miss Janet Stirling, Daughter of the deceased Mr. Alexander Stirling, late Merchant in Glasgow, and Sir William Miller, may be required to answer the said Appeal:"

It is Ordered, That the said Dunbar Earl of Selkirk, Miss Janet Stirling, and Sir William Miller, may have a Copy of the said Appeal, and do put in their Answer or respective Answers thereunto in Writing, on or before Monday the 17th Day of January next; and Service of this Order upon the said Respondents, or upon of any their known Counsel and Agents in the Court of Session in Scotland, shall be deemed good Service.

Spottiswoode to enter into Recognizance on said Appeal.

The House being moved, "That John Spottiswoode of Sackville Street, Gentleman, may be permitted to enter into a Recognizance for the Principal and Professors of the University of Glasgow, 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.

Morehead against E. Edmonstone.

Upon reading the Petition and Appeal of William Morehead Esquire, of Herbertshire, one of the Freeholders of the County of Stirling in Scotland; complaining of an Interlocutor of the Lords of Session in Scotland, of the 9th of December 1790, in so far as it repels the Objection to the Valuation of Mr. Edmonstone's Lands; and praying, "That the same may be reversed, varied, or amended, or that the Appellant may have such other Relief in the Premises as to this House in Their Lordships' great Wisdom shall seem meet; and that Charles Edmonstone Esquire may be required to answer the said Appeal:"

It is Ordered, That the said Charles Edmonstone Esquire may have a Copy of the said Appeal, and do put in his Answer thereunto in Writing, on or before Monday 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.

Irving et. al. against Shortried.

The House being moved, "That a Day may be appointed for hearing the Cause wherein John Irving and others are Appellants, and Mrs. Nancy Shortreid otherwise Johnston, 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.

Sir J. Henderson against Henderson.

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

Morehead against Edmonstone.

Upon reading the Petition and Appeal of William Morehead Esquire, of Herbertshire, one of the Freeholders in the County of Stirling, in Scotland; complaining of an Interlocutor of the Lords of Session in Scotland of the 9th of December 1790; and praying, "That the same may be reversed, varied, or amended, or that the Appellant may have such other Relief in the Premises, as to this House, in Their Lordships' great Wisdom, shall seem meet; and that the Reverend Mr. George Edmonstone may be required to answer the said Appeal:"

It is Ordered, That the said Reverend Mr. George Edmonstone may have a Copy of the said Appeal, and do put in his Answer thereunto in Writing, on or before Monday 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.

Adjourn.

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