House of Lords Journal Volume 39: February 1793 1-10

February 1793 1-10

DIE Veneris, 1^o Februarii 1793.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

PRAYERS.

Balfour against Scott et al.

Upon reading the Petition of Miss Henrietta Scott, and her Guardians, Respondents in a Cause depending in this House, to which Hay Balfour Esquire, is Appellant; setting forth, "That this Cause stands for Hearing on Wednesday next: That the Lord Advocate of Scotland has for many Years been the leading and principal Counsel in the Direction of all the Respondents' Affairs, and particularly in the Conduct of this Cause while it depended before the Court of Session in Scotland, and also since it came before Their Lordships, by preparing and settling the printed Case, which now lies on the Table: That the Advocate was in London last Year, and prepared to have argued this Cause when it was expected to have come on, and the Petitioner and her Guardians are still desirous that he should argue the Cause on her Behalf; but the Attendance on his Lordships' Duty in Scotland detains him at present in that Country, and he will not be in London sooner than Three Weeks hence;" and therefore praying Their Lordships, "That the Hearing of this Cause may be postponed till Monday the Twenty-fifth Day of this instant February; the Agent for the said Appellant having signed the said Petition, as consenting thereto:"

It is Ordered, That the Hearing of the said Cause be put off to Monday the Twenty-fifth Day of this instant February, as desired.

Fraser against His Majesty's Advocate.

Upon reading the Petition of Archibald Fraser Esquire, Appellant in a Cause depending in this House, and of His Majesty's Advocate for Scotland, Respondent thereto; setting forth, "That both the Parties in this Cause are desirous that the Hearing of the same may be postponed till next Session of Parliament;" and therefore praying, "That the Hearing of this Cause be adjourned till next Session of Parliament:"

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

Ld. Daer against Johnstone and Stewart.

A Petition of Peter Johnstone Esquire, and the Honourable Keith Stewart, Freeholders of the Stewartry of Kirkcudbright, Respondents in a Cause depending in this House, to which the Honourable Basil William Douglas commonly called Lord Daer, eldest Son of Dunbar Earl of Selkirk is Appellant, was presented and read; setting forth, "That George Ferguson Esquire, and Alexander Wright Esquire, are Counsel for the Petitioners, and came to Town last Summer to attend the Hearing of this Cause, but the Cause not coming on they returned to Edinburgh, and intend to come up immediately after the Rising of the Court of Session;" and therefore praying Their Lordships, "That this Cause may be postponed till Friday the 15th Day of March next."

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

Ordered, That the Hearing of the said Cause be put off to Friday the 15th Day of March next, as desired.

Johnstone to take the Name of Vanden Bempdé, Bill.

The Earl of Kellie reported from the Lords Committees, to whom the Bill, intituled, "An Act to enable Richard Johnstone Vanden Bempdé Esquire, (lately called Richard Bempdé Johnstone) and the Heirs Male of his Body, to take the Surname, and bear the Arms of Vanden Bempdé only, pursuant to the Will of John Vanden Bempdé Esquire, deceased," 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."

Chandos Peerage, Claimaint's Petition for Committee to meet.

Upon reading the Petition of Edward Timewell Brydges, Clerk, setting forth, "That His Majesty having been graciously pleased to refer the Consideration of the Petitioner's Claim to the Honour and Dignity of Baron Chandos, of Sudeley, to Their Lordships, the same was in Part heard before the Committee of Privileges in the last Session of the last Parliament, and was afterwards further heard in the first and second Sessions of the present Parliament, and was then adjourned for further Hearing to the now last Session of the present Parliament: That the Petitioner's Witnesses, who must necessarily attend the further Hearing of the said Claim, live at a considerable Distance from London, and it will therefore require some Days to give them due Notice to attend thereon;" and therefore praying Their Lordships, "That his said Claim may be further heard before the Committee of Privileges upon such Day as to Their Lordships shall seem meet:"

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

Forces Augmentation, King's Message respecting, considered:

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

The said Message was read by the Clerk.

Motion for Claims made by the States General, negatived:

Moved, "That there be laid before this House, Copies of all Claims and Requisitions made on the Part of the States General of the United Provinces, on the Subject of the Treaty concluded in 1788, between Great Britain and the said States, and of all Applications made by the same to the Court of Great Britain respecting the exclusive Navigation of the Scheldt, or of any Demand made by these States General on the Ground of Treaty, for our Assistance or Interference in their present Circumstances, as far as relates to the Government of France."

Which being objected to;

The Question was put thereupon?

It was resolved in the Negative.

Motions for Communications with Executive Government of France, negatived:

Then it was moved, "That there be laid before this House, Copies of all Communications made through His Majesty's Minister at the Hague, to the Executive Government of France, or to the French Resident at the Hague, relative to the Matters in Dispute between that Country and Great Britain, or its Allies."

Which being objected to;

The Question was put thereupon?

It was resolved in the Negative.

Then it was moved, "That there be laid before this House, Copies of all Communications which have passed between His Majesty's Ministers and the Executive Government of France, or their Agents, from the 6th July to the 19th November 1792."

Which being objected to;

The Question was put thereupon?

It was resolved in the Negative.

Then it was moved, "That there be laid before this House, Copies of all Communications between His Majesty's Ministers and any Agents employed by the Executive Government of France, since the 12th of May which do not appear in the Papers laid before this House by His Majesty's Command."

Which being objected to;

The Question was put thereupon?

It was resolved in the Negative.

Motion for Address on King's Message.

Then it was moved, "That an humble Address be presented to His Majesty, to return His Majesty the humble Thanks of this House for His Majesty's most gracious Message, and for the Communication of the several Papers which His Majesty has been graciously pleased to direct to be laid before us: To assure His Majesty that we have seen with Horror and Indignation the atrocious Act recently perpetrated at Paris: That we fully participate in the Grief which such an Event must have excited in His Majesty's humane and virtuous Breast, and that we highly applaud the Adoption of a Measure calculated to mark to all Europe, the utmost Abhorrence both of this Act itself, and of those Principles from which it has arisen, and which necessarily lead to the Violation of the most sacred Duties: That in the different Transactions which have recently taken place, it is impossible for us not to observe the Views of Aggrandizement and Ambition which have been manifested on the Part of France: That these Views would at all Times have been highly dangerous to the general Interests of Europe, but that we consider them as being infinitely more so from their being connected with the Propagation of Principles subversive of the Peace and Order of all civil Society: That we shall readily concur in enabling His Majesty to make a further Augmentation of his Forces both by Sea and Land, and in supporting all such Measures as may become necessary for maintaining the Honour of His Majesty's Crown, and the Security and Rights of His Dominions, for supporting His Allies, and for preserving to His Subjects the undisturbed Enjoyment of the Blessings of our happy Constitution."

Amendment negatived:

Then an Amendment was proposed to be made to the said Motion, by inserting after the first Word ("Majesty") in the first Paragraph, the following Words: videlicet, (in order to leave out the rest of the Address)

("To thank His Majesty for the Communications that His Majesty has been pleased to make to this House respecting France, and to assure His Majesty that this House will take the same, and every Thing relative to that important Business, into their most serious and attentive Consideration.

"And in the mean Time humbly to represent to His Majesty, that His Majesty would be pleased to take every proper Measure to maintain Peace between the two Countries, which this House ardently wishes should be preserved.")

Which being objected to;

After long Debate,

The Question was put, "Whether the said Words shall be inserted in the said Motion?"

It was resolved in the Negative.

"DISSENTIENT.

Protests against Rejection of Amendment.

1st, "Because War is a State so unnatural, so barbarous in itself, so calamitous in its Effects, so immoral when unnecessary, and so atrocious when unjust, that every Friend of Humanity should endeavour to avoid it; and the Establishment of a pacific System ought to be the first Policy of a wife and enlightened Nation.

2dly, "Because Peace is always for the Interest of the Common People in all Countries; and Great Britain and France, from their peculiar Situation, have an evident Interest to remain at Peace with each other.

3dly, "Because it is a well-known Fact, that the People in France are in general extremely desirous to maintain and strengthen, between that Country and this, the Bonds of Amity and Friendship; and ever since the Overthrow of Despotism in France, the Commonalty in that Nation have such irresistible Weight, that we might rest assured that as Peace with Great Britain is for the Interest, and is the Wish of the People in France, it would therefore be the constant Object of their Government, if not first provoked by our Ministers by such Acts as the sending away the French Ambassador, and expressly refusing to acknowledge their new Government.

4thly, "Because it does not appear by the Papers communicated to this House by His Majesty's Command, that any Act of Hostility against this Country has been committed on the Part of France. But on the contrary, that a Rupture has been actually brought about by an Act of our Government.

5thly, "Because the old despotic and detestable Government in France, from its Secrecy, its Persidy, Treachery, and restless Ambition, has been the fatal Cause of many Wars in Europe for several Centuries past. Therefore any Assistance given on the Part of our Government, to any Power in Europe that is endeavouring to restore that tyrannical Form of Government in France, is injurious to the true Interests of this Country. And the People of France have, moreover, as just a Right to enjoy Civil Liberty as ourselves.

6thly, "Because a War with France is at present most impolitic, extremely dangerous to our Allies the Dutch, hazardous with respect to the internal Peace and external Power of this Country, and is likely to be highly injurious to our Commerce, which is the great Source of our Wealth, Naval Strength, and Prosperity. And any material Interruption to the Trade, Manufactures, and Industry of this Kingdom may, at this Time, be attended with Consequences the most fatal. The War may therefore prove to be a War against our Commerce and Manufactures, against the Proprietors of our Funds, against our Paper Currency, and against every Description of Property in this Country.

7thly, "Because every Man of Feeling must exceedingly lament the numerous Taxes and oppressive Burthens already borne by the People of this Kingdom, and also the present high Price of various necessary Articles of Life, and if an unwise System of Policy be pursued, it must inevitably increase those Burthens, and eventually put those Necessaries of Life beyond the Reach of the laborious Part of the Community.

And 8thly, "Because these Misfortunes ought the more to be deprecated, as it clearly appears that it would still be most easy to avoid them, if our Ministers were to prefer a mild, just and pacific System, to the Horrors of War, Carnage, and Devastation.

"Stanhope."

"DISSENTIENT, for the following Reasons;

1st, "Because the immediate Tendency of the Address is to plunge the Nation into War.

2ndly, "Because we consider War as an Evil of such Magnitude, that nothing but absolute Necessity can justify it.

3dly, "Because we have not heard of any Danger to this Country which renders War necessary.

4thly, "Because the Observance of good Faith towards our Allies does not require us to engage in War, His Majesty's Ministers having admitted that Holland has not demanded our Interference, and it being notorious that Russia has been the Aggressor against France.

5thly, "Because though we feel the utmost Horror at the attrocious Act of Cruelty and Injustice mentioned in the Address, we think that no Injustice, however flagrant, committed in a foreign State, and having no Relation to other Countries, is a just Ground for making War.

6thly, "Because we are more likely to obtain the Objects, whether of Policy or Principle, in the Way of Negociation than War; the Aversion of France to break with this Country, which has lately stood the Test of repeated Provocations, putting it in our Power, at this Moment to give Peace to all Europe, whereas by entering into the War we shall put all at Stake; we shall be to join in a League, whose Duration cannot be depended on; our Marine will be to act against armed Vessels only, and that of the French against a Trade which covers every Quarter of the Globe.

7thly, "Because in no View of Policy can we discover any Advantage to be obtained to this Country by War, however successful. The Experience of our two last Wars has taught us the little Value of foreign Acquisitions, for having lost America in the last of them; we now enjoy a more beneficial Intercourse with it as an independent State, than we did when it formed a Part of the British Dominions.

8thly, "Because we think it the Interest of this Country to preserve Peace with all Mankind, but more especially with France.

9thly, "Because even if it should be thought consonant to the Honour and Magnanimity of this Nation, to seek the Depression of France, that End will be most effectually promoted by leaving them to their own internal Dissentions; instead of uniting them by a hostile Aggression in a common Cause, and thus calling forth all their Energy.

10thly, "Because as every War must be concluded by a Peace, Negociation must at some Time take place, and we must ultimately depend upon the good Faith of France, unless we proceed upon a Principle of Partition, Conquest, or Extermination.

11thly, "Because the Measures now in View will utterly derange our System of Finance, our War Resources having been applied towards defraying the Expence of our Peace Establishment, in consequence of which our floating unfunded Debt, which amounted at the Commencement of the American War only to £3,100,000, has accumulated to above Ten Millions, exclusive of India Bonds, besides which the additional Effect that the late enormous Extention of Private Banking, to an Amount unknown, may have upon our Public Credit in case of War, is what no one can foresee.

12thly, "Because we dread the Increase of those Public Burthens, which already bear so hard on the poorer Part of the Community, and because we are convinced that nothing can endanger our happy Constitution, but an Interruption of those Blessings which it now affords us, by the Calamities of an unnecessary War.

"Lansdown.
Lauderdale."

"Dissentient, for the 1st, 2nd, 3rd Reasons, and for that Part of the Fourth, beginning with the Word ("Because") and ending with the Word ("Interference") for the whole of the 5th and 12th Reasons.

"Derby."

Then the said Motion for an Address as at first proposed was agreed to; and ordered accordingly.

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

Peers Pedigrees referred to Committee.

Ordered, That the Pedigrees of Webb Duke of Somerset, Aubrey Duke of St. Albans, Francis Duke of Bedford, William Duke of Manchester, George Grenville Nugent Marquis of Buckingham, William Marquis of Lansdown, George Marquis Townshend, James Marquis of Salisbury, Thomas Marquis of Bath, George Earl of Winchelsea, Sackville Earl of Thanet, John Earl of Sandwich, James Earl of Cardigan, George Augustus Lumley Earl of Scarbrough, John Earl Poulett, Robert Earl Ferrers, Charles Earl Stanhope, James Earl Graham, Charles Earl of Harrington, George Earl of Egremont, George Augustus Earl of Guilford, William Harry Earl of Darlington, John Richard Earl De la Warr, Thomas Villiers Earl of Clarendon, Henry Earl of Abergavenny, James Earl of Lonsdale, Richard Earl Howe, Hugh Earl Fortescue, Henry Earl of Digby, Algernon Earl of Beverley, George Viscount Hereford, William Viscount Courtenay, William Viscount Dudley & Ward, Thomas Viscount Hampden, Thomas Lord Le Despencer, Edward Lord Clifford, John Griffin Lord Howard de Walden, William Lord Craven, Thomas Lord Foley, Henry Lord Porchester, William Lord Grantley, George Lord Rodney, Thomas Noel Lord Berwick, James Lord Sherborne, Henry Lord Gage, and George Lord Douglas of Lochleven; be referred to the Committee for Privileges.

Adjourn.

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

DIE Martis, 5^o Februarii 1793.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Ladbroke's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting certain Estates of Robert Ladbroke Esquire, in the Counties of Warwick and Northampton, in Trustees, to be sold; and for laying out the Monies to arise thereby, in the Purchase of other Manors, Lands, and Hereditaments, to be settled to the same Uses, as the said settled Estates now stand limited."

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

Their Lordships, or any Five of them, to meet on Wednesday the 20th Day of this instant February, at Ten o'Clock in the Forenoon, in the Prince's Lodgings, near the House of Peers; and to adjourn as they please.

Butcher to take the Name of Rodbard, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable John Butcher Esquire, and his Issue, to use the Surname and Arms of Rodbard, pursuant to the Will of Henry Rodbard Esquire."

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 Friday next, at the usual Time and Place; and to adjourn as they please.

Johnstone to take the Name of Vanden Bempdé, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable Richard Johnstone Vanden Bempdé Esquire, (lately called Richard Bempdé Johnstone) and the Heirs Male of his Body, to take the Surname and bear the Arms of Vanden Bempdé only, pursuant to the Will of John Vanden Bempdé Esquire, deceased."

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. Walker and Mr. Spranger:

To acquaint them, That the Lords have agreed to the said Bill, without any Amendment.

Harrisons against Curtis et al., in Error.

It was moved, "That the Petition of John Curtis and others, Assignees, &c. of Thomas Gibson and Joseph Johnson, Bankrupts, Defendants in a Writ of Error depending in this House, wherein William Harrison and John Harrison are Plaintiffs, presented to the House on the 28th of January last, praying that Their Lordships will be pleased to appoint a short Bye-Day for hearing the said Errors, be now read."

The same was accordingly read by the Clerk.

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

Gibson and Johnson against Hunter, in Error.

Upon reading the Petition of Thomas Gibson and Joseph Johnson, Plaintiffs in a Writ of Error depending in this House, and of Robert Hunter Defendant thereto; setting forth, "That this Cause was set down for Hearing in the last Session of Parliament: That it involves in it the important Question, whether the Acceptor of a Bill of Exchange, made payable to a fictitious Payee, is liable to pay it to the Holder thereof; and as an immense Property is now locked up, and will so remain until the Determination of Their Lordships in this Cause;" the Petitioners humbly pray, "That Their Lordships will be pleased to appoint an early Bye-Day for the hearing thereof, or such other Day as to Their Lordships shall seem meet:"

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

Gibson and Johnson against Master et al., in Error.

Upon reading the Petition of Thomas Gibson and Joseph Johnson, Plaintiffs in a Writ of Error depending in this House, and of Richard Master and others, Defendants thereto; setting forth, "That this Cause was set down for Hearing in the last Session of Parliament: That it involves in it the important Question, whether the Acceptor of a Bill of Exchange, made payable to a fictitious Payee, is liable to pay it to the Holder thereof; and as an immense Property is now locked up, and will so remain until the Determination of Their Lordships in this Cause;" the Petitioners humbly pray, "That Their Lordships will be pleased to appoint an early Bye-Day for the hearing thereof, or such other Day as to Their Lordships shall seem meet:"

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

Adjourn.

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

DIE Mercurii, 6^o Februarii 1793.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Ogilvie against Gordon,

The Answer of Miss Mary Gordon to the Appeal of Mrs. Ann Ogilvie, otherwise Barclay, Spouse of Mr. James Barclay, was this Day brought in.

Duff against Henderson and Young.

After hearing Counsel in Part in the Cause wherein Archibald Duff is Appellant, and Janet Henderson, otherwise Young, and James Young her Husband, are Respondents:

It is Ordered, That the further Hearing of the said Cause be put off till To-morrow; and that the Counsel be called in at Two o'Clock

Gibson and Johnson against Master et al., in Error. Judges to attend.

Ordered, That the Judges do attend this House on Monday next, upon arguing the Errors assigned upon the Writ of Error, wherein Thomas Gibson and Joseph Johnson are Plaintiffs, and Richard Master and others are Defendants.

Gibson and Johnson against Hunter, in Error, Judges to attend.

Ordered, That the Judges do attend this House on Monday next, upon arguing the Errors assigned upon the Writ of Error, wherein Thomas Gibson and Joseph Johnson are Plaintiffs, and Robert Hunter is Defendant.

National Debt, Account of Reduction of, delivered.

The House being informed, "That Mr. Farhill, Secretary to the Commissioners appointed for the Reduction of the National Debt, attended:"

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

"The Accompt of the Commissioners for the Reduction of the National Debt."

And then he withdrew.

And the Title thereof being read by the Clerk:

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

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 Friday last; and that His Majesty was pleased to receive the same very graciously."

Newnham & Co. against Stewart:

Upon reading the Petition and Appeal of Messieurs Newnham Everett and Company, of London, Bankers; complaining of an Interlocutor of the Lords of Session in Scotland, of the 1st of February 1793; and praying, "That the same may be reversed or varied, 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 David Stewart Esquire, Trustee on the sequestrated Estate of James Stein, may be required to answer the said Appeal:"

It is Ordered, That the said David Stewart may have a Copy of the said Appeal, and do put in his Answer thereunto in Writing, on or before Wednesday the 6th Day of March next; and Service of this Order upon the said Respondent, or upon his known Agent or Counsel 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 Messieurs Newnham Everett and Company, of London, Bankers, on account of their Appeal depending in this House:"

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

Harrisons against Curtis et al:

A Petition of William Harrison and John Harrison, Plaintiffs in a Writ of Error depending in this House, wherein William Curtis and others are Defendants, which stands appointed for Hearing, was presented and read; setting forth, "That the Petitioners brought a Writ of Error into this House on the 22d Day of December last, together with the Record thereof; whereupon the Petitioners assigned a certain Matter for Error, to which Errors the said Defendants rejoined: That the Petitioners are since advised to withdraw their said Assignment of Errors, and not to prosecute the said Writ of Error any further;" and therefore praying Their Lordships, "That they may be at Liberty to withdraw their said Assignment of Errors, and that the said Writ may be Non-pros'd with such Costs as Their Lordships shall be pleased to direct."

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

Writ of Error Non-pros'd with Costs.

Ordered, That the Petitioners be at Liberty to withdraw their said Assignment of Errors, as desired; and that the Defendants in Error do forthwith enter a Non-pros on the said Writ of Error, and that the Record be remitted to the Court of King's Bench, to the end Execution may be had upon the Judgement given by that Court, as if no such Writ of Error had been brought into this House; and further that the Plaintiffs in Error do pay or cause to be paid to the Defendants in Error the Sum of Seventy Pounds for their Costs, by reason of the Delay of the Execution of the said Judgement.

The King against Amery in Error, Eddowes' Petition respecting.

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 on the 20th of April 1790 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, the Petitioner by his Counsel and Agent made several Applications to the proper Officer of Their Lordships' House, from Time to Time during the Sitting and 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 was not able to procure such Order from the Officer of Their Lordships' House; on the contrary, the Petitioner was informed, that after the said Dissolution a Tenor of the said Judgement was entered in the Journal of this House, containing only an Award of Reversal of the Judgement of the Court of King's Bench, and Ouster and Capiatur, against the said Thomas Amery: That the Petitioner never made any Application for such Tenor to be entered, nor was he or any of his Agents privy or consenting thereto, nor was the Draft thereof ever signed by any Counsel on his Behalf, as is always customary on such Occasions; the Petitioner being advised by his Counsel that such Tenor ought to contain an Addition to the Reversal of the said Judgement of the Court of King's Bench, and Judgements 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: That accordingly, immediately on the meeting of the present Parliament, videlicet, on the 22d of December 1790, the Petitioner procured a Petition to be presented to this House, praying, "That an Order might be made by this House, that the said Court of King's Bench should tax the Petitioner his Costs of the said Prosecution, pursuant to the said Statute; and that when the Costs had been taxed by the proper Officer of the said Court of King's Bench, and certified to this House, that the Judgement might be entered of Record, and that such Entry might contain, in Addition to the Form of the Judgement so 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 might thereupon take the proper and necessary Steps for the Recovery of the said Costs, or that such other Order might be made for Relief of the Petitioner, as to the House should seem just;" which Petition was ordered to lie on the Table: That during the remaining Part of that Session the Petitioner caused frequent Applications to be made to Their Lordships, for a Hearing on his said Petition, but was not able to procure any Order thereupon till on the 8th Day of June 1791, when Their Lordships were pleased to order, that the Petitioner should be heard by his Counsel, the Session being too far advanced for such Hearing to be then had: That early in the last Session of Parliament, videlicet, on the 9th of February 1792, the Petitioner procured another Petition to be presented to the House, praying that an early Day might be appointed for his Counsel to be heard in Support of his first Petition, pursuant to the last-mentioned Order, but was not able to procure any Direction of this House thereupon till the Month of May last, when Their Lordships were pleased to appoint Saturday the 19th of that Month for hearing the Petitioner's Counsel, and ordered the Judges to attend: That such Hearing was postponed by subsequent Orders to Saturday the 26th of May, Saturday the 2nd, Saturday the 9th, and Saturday the 16th June, before which lastmentioned Day the Session of Parliament was terminated by Prorogation: That the Petitioner is the Relator in another Information, in nature of a Quo Warranto, filed in the Court of King's Bench against John Monk, for usurping the Office of a Common Councilman of the City of Chester, who, having set up the same Title as the Defendant Amery, a Rule was taken in the said Court by Consent, that a similar Judgement should be entered in his Case, as in the Case of the King against Amery; but on account of the Record in the last-mentioned Cause not having been remitted to the Court of King's Bench, the Petitioner has not been able to enter up any Judgement for Costs against the said Defendant Monk: The Anxiety attending Suits now carried on for upwards of Eight Years the Petitioner does not presume to insist upon, as a Reason for the Interference of Their Lordships, but hopes he has stated other sufficient Matter to induce Their Lordships to accede to his present Prayer, which is, that an early Day may be appointed for taking his first Petition into Consideration, and that his Counsel may be heard at the Bar of the House in Support of the Prayer thereof:"

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

Adjourn.

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

DIE Jovis, 7^o Februarii 1793.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Kerr against Redhead.

The Answer of Mr. William Redhead to the Appeal of Robert Kerr, of Chatto, Esquire, was this Day brought in.

Duff against Henderson and Young:

After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of Archibald Duff, at Bilboahall, late Sheriff Clerk of Elgin; complaining of certain Parts of three Interlocutors of the Lord Ordinary in Scotland, of the 17th of July, and 13th and 27th of November 1787; and also of certain Parts of six Interlocutors of the Lords of Session there, of the 31st of January and 8th of July 1788, the 17th of December 1789, the 1st of January 1790, and 19th of January and 7th of February 1792; 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 Janet Henderson, otherwise Young, and James Young her Husband, put in to the said Appeal, and due Consideration had of what was offered on either Side in this Cause:

Interlocutors affirmed with Costs.

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: And it is further ordered, That the Appellant do pay, or cause to be paid, to the said Respondents, the Sum of two hundred Pounds for their Costs in respect of the said Appeal.

Fisher for a Naturalization Bill:

Upon reading the Petition of John William Fisher, praying Leave to bring in a Bill for his Naturalization:

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 Bishop of Exeter presented to the House, a Bill intituled, "An Act for naturalizing "John William Fisher."

The said Bill was read the First Time.

D. Marlborough et al., Petition referred to Judges.

Upon reading the Petition of the most noble George Duke of Marlborough, and the reverend Edward Tatham, Doctor in Divinity, the Warden or Rector and the Scholars of the College of the Blessed Mary of All Saints, Lincoln, in the University of Oxford, commonly called Lincoln College, praying Leave to bring in a Bill, for the Purposes in the said Petition mentioned:

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

Lever's Petition referred to Judges.

Upon reading the Petition of James Lever, of Hindley in the County of Lancaster, Gentleman, 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 Thompson, 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.

Sir A. Irvine against Valentine and Falconer.

Upon reading the Petition of Alexander Valentine and Cosmo Falconer, Respondents in a Cause depending in this House, to which Sir Alexander Ramsay Irvine Baronet, is Appellant; setting forth, "That the Case for the Respondents, printed in the last Session of Parliament, was signed by Allan Maconochie and William Tait Esquires, who were then in London, and by Charles Hope Esquire, who was with Mr. Maconochie of Counsel for the Respondents in the Court of Session: That the Cause did not come to a Hearing in the last Session of Parliament, and now, on account of the unavoidable Absence of those Gentlemen who are at present attending as Advocates in the Court of Session, the Petitioners have requested that William Adam and Archibald Cullen Esquires, should be of Counsel for them; but a Doubt has been suggested whether they can appear at Their Lordships' Bar, as their Names are not to the Case which was presented long before the Petitioners had Occasion to consult them;" and therefore praying, "That William Adam and Archibald Cullen Esquires, be allowed to argue the Cause on the Part of the Petitioners:"

It is Ordered, That William Adam and Archibald Cullen Esquires, be allowed to argue the said Cause on the Part of the Respondents as desired.

Causes put off.

Ordered, That the Hearing of the Cause wherein Sir Alexander Ramsay Irvine Baronet, is Appellant, and Alexander Valentine and Cosmo Falconer are Respondents, which stands appointed for Monday next, be put off to Wednesday next; and that the rest of the Causes be removed in Course.

Ordered, That the Hearing of the Errors argued, assigned upon the Writ of Error, wherein the Mayor and Commonalty and Citizens of the City of London are Plaintiffs, and the Mayor and Burgesses of the Borough of Lynn Regis, commonly called King's Lynn, in the County of Norfolk, are Defendants, which stands appointed for To-morrow, be put off to the first Cause Day after the Recess at Easter.

Adjourn.

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

DIE Veneris, 8^o Februarii 1793.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Fisher takes the Oaths in order to his Naturalization.

John William Fisher took the Oaths appointed, in order to his Naturalization.

Hodie 2^a vice lecta est Billa, intituled, "An Act for naturalizing John William Fisher."

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.

Lindsay against Kenlock and Nairn.

The House being moved, "That a Day may be appointed for hearing the Cause, wherein David Lindsay is Appellant, and George Kenlock and John Nairn are Respondents Ex-parte, the Respondents not having put in their Answer thereto, though peremptorily ordered so to do:"

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

Gillespie and Reid against Hussey and Bogle.

Upon reading the Petition of William Gillespie and Matthew Reid, Appellants in a Cause depending in this House, to which Adeliza Hussey and Charles Bogle are Respondents; setting forth, "That this Cause stands the fourth in Order in the List of Causes for hearing, and the Cases have been delivered in; that Mr. Boswell, who has settled the Petitioners' Case, and is prepared to argue it at the Bar, is obliged to go to Scotland for a few Weeks on urgent Business, and the Petitioners are desirous that the hearing of the Cause may be delayed till his Return, to which the Respondents will consent;" and therefore praying, "That Their Lordships will be pleased to appoint this Cause to be heard on the second Cause Day after the Recess at Easter, or any other Day about that Period Their Lordships think most proper, the Agent for the said Respondents having signed the said Petition as consenting thereto:"

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

Adjourn.

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