Journal of the House of Lords Volume 39, 1790-1793. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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'House of Lords Journal Volume 39: December 1790 21-30', in Journal of the House of Lords Volume 39, 1790-1793( London, 1767-1830), British History Online https://prod.british-history.ac.uk/lords-jrnl/vol39/pp27-37 [accessed 23 December 2024].
'House of Lords Journal Volume 39: December 1790 21-30', in Journal of the House of Lords Volume 39, 1790-1793( London, 1767-1830), British History Online, accessed December 23, 2024, https://prod.british-history.ac.uk/lords-jrnl/vol39/pp27-37.
"House of Lords Journal Volume 39: December 1790 21-30". Journal of the House of Lords Volume 39, 1790-1793. (London, 1767-1830), , British History Online. Web. 23 December 2024. https://prod.british-history.ac.uk/lords-jrnl/vol39/pp27-37.
In this section
December 1790 21-30
DIE Martis, 21o Decembris 1790.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Canterbury Road Bill.
The Lord Cathcart reported from the Lords Committees, to whom the 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," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true, and that the Committee had gone through the Bill, and directed him to report the same to the House without any Amendment."
Doveridge Inclosure Bill.
The Lord Cathcart also reported form the Lords Committees to whom the 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," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true, that the Parties concerned had given their Consents to the Satisfaction of the Committee, and that the Committee had gone through the Bill, and directed him to report the same to the House without any Amendment."
Beal Inclosure Bill.
The Lord Cathcart made the like Report from the Lords Committees, to whom the 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," was committed.
Noordingh's Naturalization Bill.
Ordered, That the Committee to whom the Bill, intituled, "An Act for naturalizing Christian Noordingh," stands committed, be revived and meet Tomorrow.
Corn Bill.
A Message was brought from the House of Commons, by Mr. Ryder and others:
With a Bill, intituled, "An Act to continue and amend so much of two Acts made in the last Session of Parliament, as relates to the Importation and Exportation of Corn and Grain; and to the authorising His Majesty to permit the Exportation of Corn, Grain, Meal, or Flour, and to prohibit the Importation thereof on the low Duties;" to which they desire the Concurrence of this House.
The said Bill was read the first Time.
Election of Peers for Scotland, L. Somerville and L. Napier's Petition respecting.
Upon reading the Petition of James Lord Somerville, setting forth, "That at the late general Election for nominating and chusing the sixteen Peers of Scotland, to sit and vote in the House of Peers in the present Parliament of Great Britain, the Petitioner and sundry other Peers were Candidates: That the said Election was held (in Obedience to His Majesty's Royal Proclamation for that Purpose,) at Holyroodhouse in Edinburgh, upon Saturday the 24th Day of July last: That the Votes of the Peers present, and of certain absent Peers voting by their Proxies, and by signed Lists having been collected by two of the principal lerks of Session, appointed by the Lord Clerk Registrar to officiate as his Deputies on this Occasion, they, by the Return made by them, certified and attested that the Earls of Eglintoune, Moray, Kellie, Lauderdale, Dumfries, Elgin, Balcarres, Breadalbane, Glasgow, Viscount of Stormont, Lords Cathcart, Elphinstone, and Torphichen, were duly elected to be thirteen of the sixteen Peers to sit and vote in the House of Lords in the ensuing (now present) Parliament of Great Britain, and that the Votes for the Earls of Galloway, Selkirk, Stair, and Hopetoune, and for Lords Somerville (the now Petitioner) and Napier were equal; but the Petitioner submits to Their Lordships that the Dukedom of Rothsay, under which Title a Vote was given against the Petitioner, does not give a Right to vote at the Election of the Peers, who are to represent the Peers of Scotland in Parliament, and that even if the said Dukedom does convey such Right, the Proxy of the Duke of Rothsay at the late Election is irregular, informal, and therefore void: That the Person pretending to the Title of Lord Newark, who by Proxy gave his Vote against the Petitioner, had no Right to vote at the said Election: That Lord Kinnaird, who voted at the said Election, and who, as Proxy for the Earl of Dysart and for Lord Cranstoun, likewise gave the Suffrages of those Peers at the said Election against the Petitioner, did not qualify as by Law required, whereby the Votes of Lord Kinnaird, the Earl of Dysart, and Lord Cranstoun are void: That the Certificate of the Qualification of the Earl of Dysart, who voted against the Petitioner at the said Election, is irregular, informal, defaced, and therefore void: That several other Persons whose Votes were received, and who voted against the Petitioner at the said Election, had no legal Right to vote: That the Proxies of several other Peers, who voted by Proxy against the Petitioner at the said Election, were irregular, informal, defaced, and therefore void: That the Earl of Abercorn, who is one of the Peers of Scotland, by his signed List voted for the Petitioner at the said Election, but the Clerks of Session, officiating at the said Election, were pleased to refuse and reject the signed List and Vote of the said Earl of Abercorn so tendered for the Petitioner: The Petitioner begs Leave to represent to Their Lordships that if they should be of Opinion that the Vote of the said Earl of Abercorn ought to have been received and reckoned in the said Election, it will give the Petitioner a considerable Majority over others of the Canditates at the said Election of Peers of Scotland: That several other Peers, who have a good and lawful Right to vote for the nominating and chusing Peers to represent the Peerage of Scotland in Parliament, tendered their Votes at the said Election for the Petitioner: That the Clerks attending at the said Election did notwithstanding reject the Votes of such Peers: The Petitioner therefore contends that he had a greater Number of legal Votes than some of the thirteen Peers above named, who have been returned as duly elected; and likewise that he had a greater Number of legal Votes than some of the Five Peers above named, who together with the Petitioner have been returned as having an equal Number of Votes: That the Petitioner ought accordingly to have been returned as one of the sixteen Peers of Scotland duly elected to sit and vote in the House of Peers in the present Parliament of Great Britain;" and therefore praying, "That Their Lordships will be pleased to take this his Petition into their Consideration, and allow him to be heard by his Counsel, and grant him such Relief in the Premises as to Their Lordships, in their great Wisdom, may seem meet:"
It is Ordered, That the said Petition do lie on the Table.
Upon reading the Petition of Francis Lord Napier; setting forth, "That at the last General Election for nominating and chusing the Sixteen Peers of Scotland to sit and vote in the House of Peers in the present Parliament of Great Britain, the Petitioner and sundry other Persons were Candidates: That the said Election was held in Obedience to His Majesty's Royal Proclamation at Holyrood House in Edinburgh upon Saturday the 24th Day of July last: That the Votes of the Peers present and of certain Peers absent voting by their Proxies, and by signed Lists having been collected by Two of the principal Clerks of Session appointed by the Lord Clerk Registrar to officiate as his Deputies on this Occasion, they by the Return made by them certified and attested, that the Earls of Eglintoune, Moray, Kellie, Lauderdale, Dumfries, Elgin, Balcarres, Breadalbane, Glasgow, Viscount of Stormont, Lords Cathcart, Elphinstone, and Torphichen, were duly elected to be thirteen of the sixteen Peers to sit and vote in the House of Lords in the ensuing (now present) Parliament of Great Britain; and that the Votes for the Earls of Galloway, Selkirk, Stair, and Hopetoun, and for Lords Somerville and Napier (the Petitioner) were equal; but the Petitioner submits to Their Lordships that the Dukedom of Rothsay does not give a Right to vote at the Election of the Peers who are to represent the Peers of Scotland in Parliament, and that even if the said Dukedom does convey such Right, the Proxy of the Duke of Rothsay at the late Election is irregular, informal, defaced, and therefore void: That the Person pretending to the Title of Lord Newark had no Right to vote at the said Election: That Lord Kinnaird, who voted at the said Election, and who, as Proxy for the Earl of Dysart and for Lord Cranstoun, likewise gave the Suffrages of those Peers at the said Election against the the Petitioner, did not qualify as by Law required, whereby the Votes of Lord Kinnaird, the Earl of Dysart, and Lord Cranstoun are void: That the Certificate of the Qualification of the Earl of Dysart, who voted as above-mentioned against the Petitioner at the said Election, is irregular, informal, defaced, and therefore void: That several other Persons whose Votes were received, and who voted against the Petitioner at the said Election, had no legal Right to vote: That the Proxies of several other Peers, who voted by Proxy against the Petitioner at the said Election, were irregular, informal, defaced, and therefore void: The Petitioner, therefore, contends, that he had a greater Number of legal Votes than some of the thirteen Peers above-named, who have been returned as duly elected, and likewise that he had a greater Number of legal Votes than some of the five Peers above-named, who together with the Petitioner have been returned as having an equal Number of Votes: That the Petitioner ought accordingly to have been returned as one of the sixteen Peers of Scotland duly elected to sit and vote in the House of Peers in the present Parliament of Great Britain;" and therefore praying, "That Their Lordships will be pleased to take this his Petition into their Consideration, and allow him to be heard by his Counsel, and grant him such other Relief in the Premises as to Their Lordships, in their great Wisdom, may seem meet:"
It is Ordered, That the said Petition do lie on the Table.
Walford for a Divorce Bill:
Upon reading the Petition of John Walford the Younger, of Bread Street Hill, in the City of London, Gentleman, praying Leave to bring in a Bill to dissolve the Marriage of the Petitioner with Sophia Elizabeth Jeanes, his now Wife, and to enable him to marry again:
Leave given.
It is Ordered, That Leave be given to bring in a Bill according to the Prayer of the said Petition.
Graham against Erskine:
Upon reading the Petition and Appeal of Robert Graham, of Gartmore, Esquire, 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 James Erskine, of Alva, one of the Senators of the College of Justice, may be required to answer the said Appeal:"
It is Ordered, That the said James Erskine may have a Copy of the said Appeal, and do put in his Answer thereunto in Writing, on or before Tuesday the 18th 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.
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 Robert Graham, of Gartmore, Esquire, on account of his Appeal depending in this House, he living in Scotland:"
It is Ordered, That the said John Spottiswoode may enter into a Recognizance for the said Appellant, as desired.
Gibson and Johnson against Minet and Fector in Error.
Ordered, That the Judges do attend this House on Thursday the 3d Day of February next, in order to deliver their Opinions upon Three Questions of Law put to them on Monday the 26th Day of April last, upon hearing the Errors argued assigned upon the Writ of Error, wherein Thomas Gibson and Joseph Johnson are Plaintiffs, and Hughes Minet and James Peter Fector are Defendants.
Spottiswoode to enter into Recognizance on Morehead's Appeals.
The House being moved, "That John Spottiswoode of Sackville Street, Gentleman, may be permitted to enter into a Recognizance for William Morehead Esquire, on account of his Appeal depending in this House, he living in Scotland:"
It is Ordered, That the said John Spottiswoode may enter into a Recognizance for the said Appellant, as desired.
Land Tax Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the 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."
After some Time, the House was resumed:
And the Lord Cathcart reported from the Committee, "That they had gone through the Bill, and directed him to report the same to the House, without any Amendment."
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, vicesimum secundum diem instantis Decembris, horâ undecimâ Auroræ, Dominis sic decernentibus.
DIE Mercurii, 22o Decembris 1790.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Stewart against Sir J. Colquhoun et al.
After hearing Counsel in part in the Cause, wherein Charles Stewart of Dalguise is Appellant, and Sir James Colquhoun Baronet, and others, are Respondents:
It is Ordered, That the further Hearing of the said Cause be put off to the first Cause Day after the Recess at Christmas.
Land Tax Bill:
Hodie 3a 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."
The Question was put, "Whether this Bill shall pass?"
It was resolved in the Affirmative.
Doveridge Inclosure Bill:
Hodie 3a 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."
The Question was put, "Whether this Bill shall pass?"
It was resolved in the Affirmative.
Canterbury Road Bill:
Hodie 3a 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."
The Question was put, "Whether this Bill shall pass?"
It was resolved in the Affirmative.
Beal Inclosure Bill:
Hodie 3a 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."
The Question was put, "Whether this Bill shall pass?"
It was resolved in the Affirmative:
Messages to H. C., that the Lords have agreed to the Four preceding Bills.
And Messages were, severally, sent to the House of Commons by Mr. Holford and Mr. Spranger:
To acquaint them, That the Lords have agreed to the said Bills, without any Amendment.
Corn Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act to continue and amend so much of Two Acts made in the last Session of Parliament, as relates to the Importation and Exportation of Corn and Grain, and to the authorising His Majesty to permit the Exportation of Corn, Grain, Meal, or Flour, and to prohihit the Importation thereof on the low Duties."
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.
Noordingh's Naturalization Bill.
The Lord Cathcart reported from the Lords Committees, to whom the Bill, intituled, "An Act for naturalizing Christian Noordingh," was committed: That they had considered the said Bill and examined the Allegations thereof, which were found to be true, and that the Committee had gone through the Bill, and directed him to report the same to the House without any Amendment."
Election of Peers for Scotland, Petitions respecting.
Upon reading the Petition of Walter Lord Lyle; setting forth, "That at the late Election of sixteen Peers to represent the Peers of Scotland in the present Parliament, the Petitioner attended and required the Deputies of the Lord Clerk Registrar acting as returning Officers, to administer to him the Oaths required to be taken by Law, and did then and there tender his Votes for the following noble Lords to represent the Peerage in the present Parliament, namely, the Marquis of Tweeddale, the Earls of Glencairn, Strathmore, Lauderdale, Dumfries, Selkirk, Breadalbane, Aberdeen, and Hopetoun, the Lord Viscount Stormont, and the Lords Saltoun, Gray, Sempill, Cranstoun, Elibank, and Kinnaird; that the returning Officers on certain frivolous Pretences refused to administer the Oaths to the Petitioner, or to receive his Votes so tendered; whereas the Petitioner apprehends and is advised, that as a Peer of Scotland he was well entitled to vote, and that in determining the Merits of the said Election his Votes ought to be reckoned, and the Benefit thereof allowed to the said Noble Lords for whom the said Votes were given or tendered;" and therefore praying the House, "To take the Premises into Consideration, and to allow him to be heard by his Counsel, and to grant to him and the Peers affected by the said Refusal of the returning Officers, such Relief as to Their Lordships, in their great Wisdom, shall seem proper:"
It is Ordered, That the said Petition do lie on the Table.
Upon reading the Petition of George Lord Kinnaird, setting forth, "That His Majesty was pleased to issue His Royal Proclamation under the Great Seal, bearing Date the 11th Day of June last, commanding the Peers of Scotland to assemble 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 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: 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 Eglintoune, Moray, Kelly, Lauderdale, Dumfries, Elgin, Balcarres, 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 (amongst others) Votes given by a Person stiling himself Earl of Moray as for himself, and as Proxy for another Person, whereas the Petitioner is advised, that the Person who assumed and gave the said Votes had no Right to the said Title, or to vote either for himself or as a Proxy; and the said Return was also made in consequence of reckoning the Votes of the Lord Viscount Dumblane, who had no Right to vote at the said Election: That on these and other Accounts set forth in a Petition already presented to Their Lordships by the Petitioner and other Peers of Scotland, he is advised and apprehends 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, and Elibank, and the Petitioner 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 therefore praying the House, "To take the Premises under their Consideration, to allow the Petitioner to be heard by his 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 Petitioner 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.
Upon reading the Petition of John Earl of Galloway, setting forth, "That at the late General Election for nominating and chusing the sixteen Peers of Scotland to sit and vote in the House of Peers in the present Parliament of Great Britain, the Petitioner and sundry other Peers were Candidates; that the said Election was held (in Obedience to His Majesty's Royal Proclamation for that Purpose) at Holyroodhouse in Edinburgh, upon Saturday the 24th Day of July last: That the Votes of the Peers present and of certain Peers absent, voting by their Proxies, and by signed Lists having been collected by two of the principal Clerks of Session appointed by the Lord Clerk Registrar to officiate as his Deputies on this Occasion, they, by the Return made by them, certified and attested that the Earls of Eglintoun, Moray, Kellie, Lauderdale, Dumfries, Elgin, Balcarres, Breadalbane, Glasgow, Viscount of Stormont, Lords Cathcart, Elphinstone, and Torphichen, were duly elected to be thirteen of the sixteen Peers to sit and vote in the House of Lords in the ensuing (now present) Parliament of Great Britain, and that the Votes for the Earls of Galloway (the now Petitioner), Selkirk, Stair, and Hopetoun, and for Lords Somerville and Napier were equal; but the Petitioner submits to Their Lordships that the Dukedom of Rothsay, under which Title a Vote was given against the Petitioner, does not give a Right to vote at the Election of the Peers who are to represent the Peers of Scotland in Parliament, and that even if the said Dukedom does convey such Right, the Proxy of the Duke of Rothsay at the late Election is irregular, informal, defaced, and therefore void: That the Person pretending to the Title of Lord Newark, who by Proxy gave his Vote against the Petitioner, had no Right to vote at the said Election: That Lord Kinnaird, who voted at the said Election, and who as Proxy for the Earl of Dysart and for Lord Cranstoun likewise gave the Suffrages of these Peers at the said Election against the Petitioner, did not qualify as by Law required, whereby the Votes of Lord Kinnaird, the Earl of Dysart, and Lord Cranstoun, are void: That the Certificate of the Qualification of the Earl of Dysart, who voted against the Petitioner at the said Election, is irregular, informal, defaced, and therefore void; that several other Persons whose Votes were received, and who voted against the Petitioner at the said Election, had no legal Right to Vote; that the Proxies of several other Peers, who voted by Proxy against the Petitioner at the said Election, were irregular, informal, defaced, and therefore void: That the Earl of Abercorn, who is one of the Peers of Scotland, by his signed List voted for the Petitioner at the said Election, but the Clerks of Session officiating at the said Election were pleased to refuse and reject the signed List and Vote of the said Earl of Abercorn so tendered for the Petitioner; the Petitioner begs Leave to represent to Their Lordships, that if they should be of Opinion that the Vote of the said Earl of Abercorn ought to have been received and reckoned in the said Election, it will give the Petitioner a considerable Majority over others of the Candidates at the said Election of Peers of Scotland: That several other Peers, who have a good and lawful Right to vote for the nominating and choosing Peers to represent the Peerage of Scotland in Parliament, tendered their Votes at the said Election for the Petitioner: That the Clerks attending at the said Election did notwithstanding reject the Votes of such Peers: The Petitioner, therefore, contends that he had a greater Number of legal Votes than some of the thirteen Peers above named, who have been returned as duly elected; and likewise that he had a greater Number of legal Votes than some of the five Peers above named, who together with the Petitioner have been returned as having an equal Number of Votes: That the Petitioner ought accordingly to have been returned as one of the sixteen Peers of Scotland, duly elected to sit and vote in the House of Peers, in the present Parliament of Great Britain;" and therefore praying, "That Their Lordships will be pleased to take this his Petition into their Consideration, and allow him to be heard by his Counsel, and grant him such Relief in the Premises, as to Their Lordships, in their great Wisdom, may seem meet:"
It is Ordered, That the said Petition do lie on the Table.
Upon reading the Petition of John Earl of Galloway, setting forth, "That a Petition was presented to Their Lordships on the first 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 thereby:"
It is Ordered, That the said Petition do lie on the Table.
Upon reading the Petition of John Earl of Stair, setting forth, "That at the late general Election for nominating and choosing the sixteen Peers of Scotland, to sit and vote in the House of Peers in the present Parliament of Great Britain, the Petitioner and sundry other Peers were Candidates: That the Election was held (in Obedience to His Majesty's Royal Proclamation for that Purpose) at Holyrood House in Edinburgh, upon Saturday the 24th Day of July last: That the Votes of the Peers present, and of certain Peers absent voting by their Proxies, and by signed Lists having been collected by two of the principal Clerks of Session, appointed by the Lord Clerk Registrar to officiate as his Deputies on this Occasion, they by the Return made by them certified and attested that the Earls of Eglintoune, Moray, Kellie, Lauderdale, Dumfries, Elgin, Balcarres, Breadalbane, Glasgow, Viscount of Stormont, Lords Cathcart, Elphinstone, and Torphichen, were duly elected to be thirteen of the sixteen Peers, to sit and vote in the House of Lords in the ensuing (now present) Parliament of Great Britain, and that the Votes for the Earls of Galloway, Selkirk, Stair (the now Petitioner), and Hopetoune, and for Lords Somerville and Napier were equal: But the Petitioner submits to Their Lordships that the Dukedom of Rothsay, under which Title a Vote was given against the Petitioner, does not give a Right to vote at the Election of the Peers who are to represent the Peers of Scotland in Parliament, and that even if the said Dukedom does convey such Right, the Proxy of the Duke of Rothsay at the late Election is defaced, irregular, informal, and therefore void: That the Person pretending to the Title of Lord Newark, who by Proxy gave his Vote against the Petitioner, had no Right to vote at the said Election: That Lord Kinnaird who voted at the said Election, and who, as Proxy for the Earl of Dysart and for Lord Cranstoun, likewise gave the Suffrages of those Peers at the said Election against the Petitioner, did not qualify as by Law required, whereby the Votes of Lord Kinnaird, the Earl of Dysart, and Lord Cranstoun, are void: That the Certificate of the Qualification of the Earl of Dysart, who voted against the Petitioner at the said Election, is irregular, informal, defaced, and therefore void: That several other Persons whose Votes were received and who voted against the Petitioner at the said Election, had no legal Right to vote: That the Proxies of several other Peers, who voted by Proxy against the Petitioner at the said Election, were irregular, informal, defaced, and therefore void: That his Grace the Duke of Queensberry, and the Earl of Abercorn, both tendered their Votes at the said Election for the Petitioner: That the Clerks attending at the said Election refused the same: That the said last mentioned Peers have a good and lawful Right to vote for the nominating and choosing Peers to represent the Peers of Scotland in Parliament, and therefore their Names ought to be added to the Number of those who voted for the Petitioner: The Petitioner therefore contends that he had a greater Number of legal Votes, than some of the thirteen Peers above named, who have been returned as duly elected, and likewise that he had a greater Number of legal Votes than some of the five Peers above named, who together with the Petitioner have been returned as having an equal Number of Votes: That the Petitioner ought accordingly to have been returned as one of the sixteen Peers of Scotland, duly elected to sit and vote in the House of Peers in the present Parliament of Great Britain;" and therefore praying, "That Their Lordships will be pleased to take this his Petition into their Consideration, and allow him to be heard by his Counsel, and grant him such Relief in the Premises, as to Their Lordships, in their great Wisdom, may seem meet:"
It is Ordered, That the said Petition do lie on the Table.
Upon reading the Petition of James Lord Somerville, setting forth, "That a Petition was presented to their Lordships, on the first 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 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.
Erskine against Haldane:
Upon reading the Petition and Appeal of Colonel James Francis Erskine; complaining of an Interlocutor of the Lords of Session in Scotland of the 11th 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 George Haldane, of Glenagles, Esquire, may be required to answer the said Appeal:"
It is Ordered, That the said George Haldane may have a Copy of the said Appeal, and do put in his Answer thereunto in Writing, on or before Wednesday the 19th 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.
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 Colonel James Francis Erskine, on account of his Appeal depending in this House, he living in Scotland:"
It is Ordered, That the said John Spottiswoode may enter into a Recognizance for the said Appellant, as desired.
The King against Amery in Error. Eddowes Petition to amend Judgment.
Upon reading the Petition of Ralph Eddowes, of the City of Chester, Merchant: setting forth, "That a Writ of Error at the Instance of the Petitioner was brought and prosecuted in this House, upon which Their Lordships were pleased to order, "That the Judgement given for the Defendant Thomas Amery, by the Court of King's Bench, should be reversed, and Judgement entered for the King;" That after the Judgement so pronounced by Their Lordships, the Petitioner by his Counsel and Agent made several Applications to the proper Officer of Their Lordships' House, from Time to Time, down to the Dissolution of the last Parliament, for an Order directing the said Court of King's Bench to tax the Petitioner his Costs of such Prosecution, as the Petitioner is informed hath been heretofore done by this House in Cases of Reversal; and it being a clear Principle established by many Authorities, that a Court of Error will always give the same Judgement which the Court below ought to have given, in order that when such Costs had been taxed by the proper Officer of the said Court, the Sum allowed by him might be inserted in the Tenor of the Judgement, to be drawn up in this House; and such Tenor being then remitted with the Record to the said Court of King's Bench, the Petitioner might have Execution out of the said Court, for the Sum so allowed for his Costs; but that the Petitioner has not as yet been able to procure such Order from the Officer of Their Lordships' House, he apprehending, as the Petitioner is informed, that he is not authorized by the Judgement so pronounced by Their Lordships to issue such an Order: That the Petitioner by his Agent has in the present Parliament again applied to the proper Officer to obtain such Order for the Taxation of the Petitioner's said Costs as Relator in the said Information, but has not been able for the Reasons aforesaid to procure the same; on the contrary, he is informed that a Tenor of the said Judgement has been entered in the Journal of this House, containing only an Award of Reversal of the said Judgment of the Court of King's Bench, and of Ouster and Capiatur against the said Thomas Amery: That the Petitioner never made any Application for such Tenor to be entered nor was the Draft thereof ever signed by any Counsel on his Behalf, the Petitioner being advised by his Counsel that such Tenor ought to contain, in Addition to the Reversal of the said Judgement, and Judgement of Ouster and Capiatur against the said Thomas Amery, an Award of the Costs of the Prosecution sustained by the Petitioner as Relator in the said Information, pursuant to the Directions of the said Statute in that Behalf;" and therefore praying Their Lordships, "That an Order may be made by this House, that the said Court of King's Bench do tax the Petitioner his Costs of such Prosecution, pursuant to the said Statute; and that when the Costs have been taxed by the proper Officer of the said Court of King's Bench, and certified to this House, that the Judgement may be entered of Record, and that such Entry may contain, in Addition to the Form of the Judgement as entered in Their Lordships' Journal, an Award of the said Costs (taxed as aforesaid) to the said Petitioner as Relator in the said Information, in order that the Petitioner may thereupon take the proper and necessary Steps for the Recovery of his said Costs, or that such other Order may be made for Relief of the Petitioner, as to this House shall seem just:"
It is Ordered, That the said Petition do lie on the Table.
Macbride's Recognizance Bill.
A Message was brought from the House of Commons, by Mr Adam and others:
With a Bill, Intituled, "An Act to give further Time to John Macbride Esquire, and his Sureties for entering into their Recognizances in respect of his Petition presented to the House of Commons, complaining of an undue Election and Return for the Borough of Plymouth in the County of Devon;" to which they desire the Concurrence of this House.
The said Bill was read the First Time.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, vicesimum tertium diem instantis Decembris, horâ undecimâ Auroræ, Dominis sic decernentibus.
DIE Jovis, 23o Decembris 1790.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Stirling Banking Company, against Allan & Co.
The House proceeded to take into further Consideration the Cause wherein the Stirling Banking Company and others are Appellants, and Messieurs Allan Stuart, and Company, are Respondents, et è contra.
And Consideration being had thereof accordingly:
The following Order and Judgement was made:
After hearing Counsel on Tuesday the 2d, Friday the 5th, Monday the 8th, and Wednesday the 10th Days of March last, upon the original Petition and Appeal of the Stirling Banking Company, and the other Creditors on the sequestrated Estate of James Stein, late Distiller at Kilbagie; complaining of three Interlocutors of the Lords of Session in Scotland of the 11th of December 1788, and two of the 4th of March 1789; 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 proper;" and likewise upon the Cross-Appeal of Robert Allan, David Steuart, and Alexander Sommervaill, Merchants in Company, trading under the Firm of Allan, Steuart, and Company, Merchants in Leith; complaining of an Interlocutor of the Lords of Session in Scotland of the 5th of March 1789; and praying, "That the same might be reversed, varied, or altered, or that the Appellants 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 Messieurs Allan, Steuart, and Company, Merchants in Leith, put in to the said original Appeal; and the Answer of Henry Jaffray and the other Partners of the Stirling Banking Company, and the other Creditors of James Stein Distiller at Kilbagie, and of the said James Stein, put in to the said Cross-Appeal, and due Consideration had this Day of what was offered on both Sides in these Causes:
Judgement.
It is Ordered and Adjudged by the Lords Spiritual and Temporal in Parliament assembled, That the said Interlocutor of the Lords of Session, dated the 3d and signed the 11th of December 1788, finding the Respondents entitled to Restitution of the Grain therein mentioned, and also the Interlocutor of the said Lords dated the 3d and signed the 4th March 1789, adhering thereto, complained of by the said original Appeal, be and the same are hereby reversed: And it is further Ordered and Adjudged, That the Interlocutor of the said Lords, dated the 4th and signed the 5th March 1789, also complained of by the said original Appeal, be and the same is hereby also Reversed, without Prejudice to the Respondents in the original Appeal, insisting and producing Evidence to shew that they were entitled to stop and detain the Grain, consigned by them to James Stein the Bankrupt in transitu, or before actual Delivery, and also without Prejudice to the Appellants in the original Appeal making such Objections thereto as they shall be advised: And it is hereby further Ordered, That the Cause be remitted back to the Court of Session in Scotland, to take such Evidence and to hear the Parties, and do therein what shall appear to them just as to that Point: And it is further Ordered and Adjudged, That the said Interlocutor of the said Lords, dated the 4th and signed the 5th of March 1789, complained of by the said Cross-Appeal, be and the same is hereby Affirmed: And it is further Ordered, That the said Cross-Appeal be and is hereby dismissed this House.
Macbride's Recognizance Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act to give further Time to John Macbride Esquire, and his Sureties, for entering into their Recognizances in respect of his Petition presented to the House of Commons, complaining of an undue Election and Return for the Borough of Plymouth in the County of Devon."
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.
Noordingh's Naturalization Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for naturalizing Christian Noordingh."
The Question was put, "Whether this Bill shall pass?"
It was resolved in the Affirmative.
Message to H. C. that the Lords have agreed to it.
A Message was sent to the House of Commons, by Mr. Holford and Mr. Spranger:
To acquaint them, That the Lords have agreed to the said Bill, without any Amendment.
African Trade, Report of Commissioners delivered.
The House being informed, "That Mr. Roe, One of the Commissioners appointed to enquire into the Losses which may have been sustained by Owners of Ships or Vessels engaged in the African Trade, attended:"
He was called in, and delivered at the Bar,
"A Report of the Commissioners appointed to enquire into Losses which may have been sustained by Owners of Ships or Vessels engaged in the African Trade, in consequence of an Act made in the Twenty-eight Year of the Reign of His present Majesty, to regulate for a limited Time the shipping and carrying Slaves, in British Vessels from the Coast of Africa."
And then he withdrew.
And the Title thereof being read by the Clerk;
Ordered, That the said Report do lie on the Table.
Whale Fishery and Northern Light-houses, Accounts respecting, delivered.
The House being informed, "That Mr. Mitford from the Commissioners of the Customs in Scotland attended:"
He was called and delivered at the Bar, pursuant to the Directions of several Acts of Parliament,
"An Account of what Number of Ships or Vessels from Scotland have been employed in the Whale Fishery to Davis's Streights, and the Greenland Seas, with their respective Names and Burthens, from whence they were sitted out, and at what Port discharged; and also what Quantity of Oil or Blubber or Whale Fins each Ship has imported from the 10th October 1789, to the 10th October 1790."
And also, "An Account of the Commissioners appointed by Acts of Parliament, for erecting Light Houses in the Northen Parts of Great Britain."
And then he withdrew.
And the Titles thereof being read by the Clerk;
Ordered, That the said Accounts do lie on the Table.
Corn Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to continue and amend so much of two Acts made in the last Session of Parliament, as relates to the Importation and Exportation of Corn and Grain, and to the authorising His Majesty to permit the Exportation of Corn, Grain, Meal, or Flour, and to prohibit the Importation thereof on the low Duties."
After some Time, the House was resumed:
And the Lord Cathcart reported from the Committee, That they had gone through the Bill, and directed him to report the same to the House, without any Amendment."
The King against Amery. Eddowe's Leave to withdraw Petition.
The House being moved, "That the Petition of Ralph Eddowes, of the City of Chester, Merchant, presented to this House on the First of December last, might be now read:"
The same was accordingly read by the Clerk.
Then it was moved, "That the Petitioner be at Liberty to withdraw his said Petition."
The same was agreed to, and ordered accordingly.
Election of Peers for Scotland, Petitions respecting, and referred to Committee of Privileges:
Ordered, That the Petition of Dunbar, Earl of Selkirk, and James Earl of Hopetoun, presented to the House on the 1st Day of this Instant December;
Also, the Petition of John James Earl of Abercorn, presented to the House on the 3d Day of this Instant December;
Also, the Petition of John Earl of Stair;
Also, the Petition of William Duke of Queensberry, severally presented to the House on the 17th Day of this Instant December;
Also, the Petition of Francis Lord Napier;
Also, 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, severally presented to the House on the 20th Day of this Instant December;
Also, the Petition of James Lord Somerville;
Also, the Petition of Francis Lord Napier, severally, presented to the House on the 21st Day of this Instant December;
Also, the Petition of Walter Lord Lyle;
Also, the Petition of George Lord Kinnaird;
Also, the Petition of John Earl of Galloway;
Also, the Petition of John Earl of Stair;
And also, the Petition of James Lord Somerville, severally presented to the House on the 22d Day of this Instant, December, relative to the Return of the Peers chosen for Scotland, be referred to the Committee of Privileges.
Ordered, That the several Petitioners do give Notice to the several Parties interested in the Matter of the said Petitions.
No Proxies to be used in Matters respecting.
Ordered, That no Proxies be used on any Question in this House, relative to the Matter of the said Petitions.
Ordered, That the said Petitioners have Liberty to be heard by Counsel if they think fit, and that the several Persons interested in the Matter of the said Petitions, or whose Titles may be affected thereby, may also be heard by Counsel if they think fit.
Malt Bill.
A Message was brought from the House of Commons, by Mr. Gilbert 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 ninety-one;" to which they desire the Concurrence of this House.
The said Bill was read the first Time.
Ordered, That the said Bill be read a second Time on Monday next.
Assessed Taxes Bill.
A Message was brought from the House of Commons, by Mr. Gilbert and others:
With a Bill, intituled, "An Act for granting to His Majesty additional Duties on the Amount of the Duties under the Management of the Commissioners for the Affairs of Taxes therein mentioned;" to which they desire the Concurrence of this House.
Spirits Duty Bill.
A Message was brought from the House of Commons, by Mr. Gilbert and others:
With a Bill, intituled, "An Act for granting to His Majesty additional Duties upon Worts, Wash, and other Liquors brewed or made in England; for extracting Spirits for Home Consumption upon Spirits made in Scotland and imported into England, and upon Foreign Spirits imported into Great Britain; and to continue certain Acts for discontinuing, for a limited Time, the several Duties payable in Scotland upon Low Wines and Spirits, and upon Worts, Wash, and other Liquors there used in the Distillation of Spirits; and for granting to His Majesty other Duties in Lieu thereof; and for better regulating the Exportation of British made Spirits from England to Scotland, and from Scotland to England, and to continue, for a limited Time, an Act made in the Twenty-sixth Year of the Reign of His present Majesty, to discontinue, for a limited Time, the Payment of the Duties upon Low Wines and Spirits for Home Consumption; and for granting and securing the due Payment of other Duties in Lieu thereof; and for the better Regulation of the making and vending British Spirits;" to which they desire the Concurrence of this House.
Ma't Additional Duties Bill.
A Message was brought from the House of Commons, by Mr. Gilbert and others:
With a Bill, intituled, "An Act for granting to His Majesty additional Duties upon Malt;" to which they desire the Concurrence of this House.
The said three Bills were, severally, read the first Time.
Lords Summoned.
Ordered, That all the Lords be summoned to attend the Service of the House, on Monday next.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, vicesimum septimum diem instantis Decembris, horâ undecimâ Auroræ, Dominis sic decernentibus.
DIE Lunæ, 27o Decembris 1790.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Parslow for a Divorce Bill:
Upon reading the Petition of John Parslow Esquire, a Captain in His Majesty's third Regiment of Dragoons, praying Leave to bring in a Bill, To dissolve his Marriage with Elizabeth Hall his now Wife, and to enable him to marry again, and for other Purposes therein mentioned:
It is Ordered, That Leave be given to bring in a Bill according to the Prayer of the said Petition.
Bill presented.
Accordingly, the Lord Cathcart presented to the House a Bill, intituled, "An Act to dissolve the Marriage of John Parslow Esquire with Elizabeth Hall his now Wife, and to enable him to marry again, and for other Purposes therein mentioned."
The said Bill was read the first Time.
Ordered, That the said Bill be read a second Time on Tuesday the 8th Day of February next, and that Notice thereof be affixed on the Doors of this House, and the Lords summoned; and that the said John Parslow may be heard by his Counsel at the said second Reading, to make out the Truth of the Allegations of the Bill, and that the said Elizabeth Hall may have a Copy of the Bill, and that Notice be given her of the said second Reading, and that she be at Liberty to be heard by her Counsel what she may have to offer against the said Bill at the same Time.
Bishop Chester to preach on Thirty-first January.
Ordered, That the Lord Bishop of Chester be and he is hereby desired to preach before this House on Monday the 31st Day of January next, in the Abbey Church Westminster.
Spiers against Sir A. Campbell:
Upon reading the Petition and Appeal of Peter Spiers Esquire, of Culcroich, one of the Freeholders of the County of Stirling in Scotland, complaining of two Interlocutors of the Lords of Session in Scotland, of the 14th and 24th 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 Sir Alexander Campbell, of Ardkindlass, Baronet, may be required to answer the said Appeal:"
It is Ordered, That the said Sir Alexander Campbell, may have a Copy of the said Appeal, and do put in his Answer thereunto in Writing, on or before Monday the 24th 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.
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 Peter Spiers Esquire, on account of his Appeal depending in this House, he living in Scotland:"
It is Ordered, That the said John Spottiswoode may enter into a Recognizance for the said Appellant, as desired.
Corn Bill.
Hodie 3a vice lecta est Billa, intituled, "An Act to continue and amend so much of two Acts made in the last Session of Parliament, as relates to the Importation and Exportation of Corn and Grain, and to the authorizing His Majesty to permit the Exportation of Corn, Grain, Meal, or Flour, and to prohibit the Importation thereof on the low Duties."
The Question was put, "Whether this Bill shall pass?"
It was resolved in the Affirmative.
Message to H. C. that the Lords have agreed to it.
A Message was ordered to be sent to the House of Commons, by Mr. Graves and Mr. Eames:
To acquaint them, That the Lords have agreed to the said Bill, without any Amendment.
Macbride's Recognizance Bill.
Ordered, That the Committee of the whole House, to whom the Bill, intituled, "An Act to give further Time to John Macbride Esquire, and his Sureties, for entering into their Recognizances in respect of his Petition presented to the House of Commons, complaining of an undue Election and Return for the Borough of Plymouth, in the County of Devon," stands committed, be revived and meet To-morrow.
Malt Bill.
The Order of the Day being read for the Second Reading of the 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 ninetyone:"
The said Bill was accordingly read a Second Time.
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.
Assessed Taxes Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for granting to His Majesty additional Duties on the Amount of the Duties under the Management of the Commissioners for the Affairs of Taxes therein mentioned."
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.
Spirit Duty Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for granting to His Majesty additional Duties upon Worts, Wash, and other Liquors brewed or made in England, for extracting Spirits for Home Consumption upon Spirits made in Scotland and imported into England, and upon foreign Spirits imported into Great Britain, and to continue certain Acts, for discontinuing, for a limited Time, the several Duties payable in Scotland upon Low Wines and Spirits, and upon Worts, Wash, and other Liquors there used in the Distillation of Spirits, and for granting to His Majesty other Duties in Lieu thereof; and for better regulating the Exportation of British-made Spirits from England to Scotland, and from Scotland to England, and to continue, for a limited Time, an Act made in the Twenty-sixth Year of the Reign of His present Majesty, to discontinue, for a limited Time, the Payment of the Duties upon Low Wines and Spirits for Home Consumption; and for granting and securing the due Payment of other Duties in Lieu thereof; and for the better Regulation of the making and vending British Spirits."
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.
The Order of the Day being read for the Lords to be summoned:
Malt additional Duties Bill.
It was moved, "That the Bill, intituled, "An Act for granting to His Majesty additional Duties upon Malt," be now read a Second Time."
Which being objected to;
It was moved, "That the Word (now) be left out and the Words ("First of February next") be inserted instead thereof."
After Debate,
The Question was put, "Whether the Word ("now") shall stand Part of the Motion?" It was resolved in the Affirmative.
Then the said Bill was read a Second Time.
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.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, vicesimum octavum diem instantis Decembris, horâ undecimâ Auroræ, Dominis sic decernentibus.
DIE Martis, 28o Decembris 1790.
Domini tam Spirituales quam Temporales præsentes fuerunt:
Epus. Landaven. |
Ds. Thurlow, Cancellarius. March. Stafford, C.P.S. |
Ds. Cathcart. Ds. Suffield. Ds. Fife. |
PRAYERS.
Lord Suffield takes the Oaths.
This Day Harbord Lord Suffield took the Oaths, and made and subscribed the Declaration; and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.
Malt Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the 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 ninety-one."
After some Time, the House was resumed:
And the Lord Cathcart reported from the Committee, "That they had gone through the Bill, and directed him to report the same to the House, without any Amendment."
Malt Additional Duties Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for granting to His Majesty additional Duties upon Malt."
After some Time, the House was resumed:
And the Lord Cathcart reported from the Committee, "That they had gone through the Bill, and directed him to report the same to the House, without any Amendment."
Macbride's Recognizance Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to give further Time to John Macbride Esquire, and his Sureties, for entering into their Recognizances in respect of his Petition presented to the House of Commons, complaining of an undue Election and Return for the Borough of Plymouth, in the County of Devon."
After some Time, the House was resumed:
And the Lord Cathcart reported from the Committee, "That they had gone through the Bill, and directed him to report the same to the House without any Amendment."
Assessed Taxes Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for granting to His Majesty additional Duties on the Amount of the Duties under the Management of the Commissioners for the Affairs of Taxes therein mentioned."
After some Time, the House was resumed:
And the Lord Cathcart reported from the Committee, "That they had gone through the Bill, and directed him to report the same to the House without any Amendment."
Spirits Duty Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for granting to His Majesty additional Duties upon Worts, Wash and other Liquors brewed or made in England, for extracting Spirits for Home Consumption, upon Spirits made in Scotland and imported into England, and upon Foreign Spirits imported into Great Britain; and to continue certain Acts, for discontinuing, for a limited Time, the several Duties payable in Scotland upon Low Wines and Spirits, and upon Worts, Wash and other Liquors there used in the Distillation of Spirits, and for granting to His Majesty other Duties in Lieu thereof; and for better regulating the Exportation of British-made Spirits from England to Scotland, and from Scotland to England; and to continue, for a limited Time, an Act, made in the Twenty-sixth Year of the Reign of His present Majesty, to discontinue for a limited Time, the Payment of the Duties upon Low Wines and Spirits for Home Consumption, and for granting and securing the due Payment of other Duties in Lieu thereof; and for the better Regulation of the making and vending British Spirits."
After some Time, the House was resumed:
And the Lord Cathcart reported from the Committee, "That they had gone through the Bill, and directed him to report the same to the House without any Amendment."
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum effe usque ad et in diem Mercurii, vicesimum nonum diem instantis Decembris, horâ undecimâ Auroræ, Dominis sic decernentibus.
DIE Mercurii, 29o Decembris 1790.
REX.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Malt Bill:
Hodie 3a vice lecta est Billa, 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 ninety-one."
The Question was put, "Whether this Bill shall pass?"
It was resolved in the Affirmative.
Malt Additional Duties Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for granting to His Majesty additional Duties upon Malt."
The Question was put, "Whether this Bill shall pass?"
It was resolved in the Affirmative.
Assessed Taxes Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for granting to His Majesty additional Duties on the Amount of the Duties under the Management of the Commissioners for the Affairs of Taxes therein mentioned."
The Question was put, "Whether this Bill shall pass?"
It was resolved in the Affirmative.
Spirits Duty Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for granting to His Majesty additional Duties upon Worts, Wash and other Liquors brewed or made in England for extracting Spirits for Home Consumption, upon Spirits made in Scotland and imported into England, and upon Foreign Spirits imported into Great Britain; and to continue certain Acts for discontinuing, for a limited Time, the several Duties payable in Scotland upon Low Wines and Spirits, and upon Worts, Wash and other Liquors there used in the Distillation of Spirits, and for granting to His Majesty other Duties in Lieu thereof; and for better regulating the Exportation of British-made Spirits from England to Scotland, and from Scotland to England, and to continue, for a limited Time, an Act, made in the Twenty-sixth Year of the Reign of His present Majesty, to discontinue, for a limited Time, the Payment of the Duties upon low Wines and Spirits for Home Consumption, and for granting and securing the due Payment of other Duties in Lieu thereof; and for the better Regulation of the making and vending British Spirits."
The Question was put, "Whether this Bill shall pass?"
It was resolved in the Affirmative.
Macbride's Recognizance Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act to give further Time to John Macbride Esquire, and his Sureties, for entering into their Recognizances in respect of his Petition presented to the House of Commons, complaining of an undue Election and Return for the Borough of Plymouth, in the County of Devon."
The Question was put, "Whether this Bill shall pass?"
It was resolved in the Affirmative.
Messages to H. C. that the Lords have agreed to the Five preceding Bills.
And Messages were, severally, sent to the House of Commons by Mr. Graves and Mr. Eames:
To acquaint them, That the Lords have agreed to the said Bills, without any Amendment.
The House was adjourned during Pleasure, to robe.
The House was resumed.
His Majesty 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 Yeoman Usher of the Black Rod to let the Commons know, "It is His Majesty's Pleasure that they attend him immediately in this House."
Who being come, with their Speaker;
He, after a Speech in relation to the Money Bills to be passed, delivered them to the Clerk, who brought them to the Table where the Deputy Clerk of the Crown read the Title of those and the other Bills to be passed, severally, as follow: (videlicet)
Bills passed
1. "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."
2. "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 ninety-one."
3. "An Act for granting to His Majesty additional Duties upon Malt."
4. "An Act for granting to his Majesty additional Duties upon Worts, Wash, and other Liquors brewed or made in England for extracting Spirits for Home Consumption, upon Spirits made in Scotland and imported into England, and upon Foreign Spirits imported into Great Britain; and to continue certain Acts for discontinuing, for a limited Time, the several Duties payable in Scotland upon Low Wines and Spirits, and upon Worts, Wash, and other Liquors there used in the Distillation of Spirits, and for granting to His Majesty other Duties in Lieu thereof; and for better regulating the Exportation of British-made Spirits from England to Scotland and from Scotland to England, and to continue, for a limited Time, an Act, made in the Twenty-sixth Year of the Reign of His present Majesty, to discontinue for a limited Time the Payment of the Duties upon Low Wines and Spirits for Home Consumption, and for granting and securing the due Payment of other Duties in Lieu thereof; and for the better Regulation of the making and vending British Spirits."
5. "An Act for granting to His Majesty additional Duties on the Amount of the Duties under the Management of the Commissioners for the Affairs of Taxes therein mentioned."
To these Bills the Royal Assent was pronounced, severally, by the Clerk Assistant in these Words; (videlicet)
"Le Roy remercie ses bons Sujets, accepte leur Benevolence, et ainsi le veult."
6. "An Act to continue and amend so much of two Acts made in the last Session of Parliament, as relates to the Importation and Exportation of Corn and Grain, and to the authorising His Majesty to permit the Exportation of Corn, Grain, Meal, or Flour, and to prohibit the Importation thereof on the low Duties."
7. "An Act to give further Time to John Macbride Esquire, and his Sureties, for entering into their Recognizances in respect of his Petition presented to the House of Commons, complaining of an undue Election and Return for the Borough of Plymouth, in the County of Devon."
8. "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 these Bills the Royal Assent was pronounced, severally, by the Clerk Assistant, in these Words; (videlicet)
"Le Roy le veult."
9. "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."
10. "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."
11. "An Act for naturalizing Christian Noordingh."
To these Bills the Royal Assent was pronounced, severally, by the Clerk Assistant, in these Words; (videlicet)
"Soit fait comme il est desiré."
Then His Majesty was pleased to retire, and the Commons withdrew.
The House was adjourned during Pleasure to unrobe.
The House was resumed.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum effe usque ad et in diem Lunæ, tricesimum primum diem Januarii, jam prox. sequen. horâ decimâ Auroræ, Dominis sic decernentibus.