House of Lords Journal Volume 27: March 1748, 1-10

March 1748, 1-10

DIE Martis, 1^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

The King's Answer to Address for State of the Navy Debt.

The Lord Steward reported, "That the Lords with White Staves had (according to Order) presented to His Majesty the Address of this House, of Thursday last, for a State of the Navy Debt, and that His Majesty was pleased to say, He would give Orders accordingly."

E Brooke's Bill.

The Earl of Warwick reported from the Lords Committees to whom the Bill, intituled, "An Act for vesting the settled Estate of the Right Honourable Francis Earl Brooke, in the County of Southampton, in Trustees, to be sold, and for laying out the Money arising thereby in the Purchase of other Hereditaments, of equal or greater Value, to be settled in Lieu thereof; and for other Purposes therein mentioned," 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 then Consents, and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment"

Ordered, That the Bill be engrossed.

Lingen to take the Name of Burton, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable Robert Burton, lately called Robert Lingen, and the Heirs Male of his Body, to take and use the Surname of Burton only, pursuant to the Will of Thomas Burton Esquire, deceased."

Ordered, That the said Bill be committed to the Consideration of the Lords following, (videlicet,)

Their Lordships, or any Five of them, to meet on Thursday next, at the usual Time and Place, and to adjourn as they please.

Treason in the Highlands of Scotland, Punishment of, Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for the more effectual Trial and Punishment of High Treason and Misprison of High Treason in The Highlands of Scotland, and for abrogating the Practice of taking down the Evidence in Writing in certain Criminal Prosecutions; and for making some further Regulations relating to Sheriffs Depute and Stewards Depute, and their Substitutes, and for other Purposes therein mentioned."

The Question was put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

Message to H. C. with it.

A Message was sent to the House of Commons, by Mr. Elde and Mr Thurston

To carry down the said Bill, and desire their Concurrence thereunto.

Chafin & al Petition referred to Judges.

Upon reading the Petition of George Chafin the Elder Esquire and Elizabeth Chafin his Wife, for themselves and on the Behalf of William Chafin their Younger Son, an Infant, and also of George Chafin the Younger Esquire, Eldest Son and Heir Apparent of the said George Chafin the Elder, by the said Elizabeth Chafin, praying Leave to bring in a Bill, for Sale of certain Estates, comprized in a Settlement in the Petition mentioned, for Payment of Debts, and for other Purposes therein expressed.

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Justice of the Court of King's Bench and the Lord Chief Baron of the Court of Exchequer, with the usual Directions, according to the Standing Order.

Badbury Common, enclosing, Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act to confirm and establish an Agreement, for enclosing and dividing certain Common Fields, in the Hamlet of Badbury, in the County of Wilts."

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 the former Messengers.

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

E Shelburne against Biddulph.

The House being informed, "That Mr. Keaghran attended, in order to deliver in Copies of several Papers, Pleadings, and Proceedings, in the Cause wherein Henry Earl of Shelburne and James Lord Dunkerron his Son and Heir Apparent are Appellants, and Nicholas Biddulph is Respondent"

Pleadings proved.

He was called in, and delivered, at the Bar, the said Papers, Pleadings, and Proceedings; and attested upon Oath, "The same were true Copies, he having examined them with the Originals in the proper Offices in Ireland."

And then he was directed to withdraw.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, tertium diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Jovis, 3^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

Lingen to take the Name of Burton, Bill.

The Lord Ward reported from the Lords Committees to whom the Bill, intituled, "An Act to enable Robert Burton, lately called Robert Lingen, and the Heirs Male of his Body, to take and use the Surname of Burton only, pursuant to the Will of Thomas Burton 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."

Ordered, That the said Bill be engrossed.

Visc Lanesborough's Will, Exemplification Evidence, Bill:

Upon reading the Petition of George Fox Esquire, Eldest Son and Heir of Frances Lady Viscountess Gallway, his late Mother, deceased, who was only Daughter of George late Lord Viscount Lanesborough in the Kingdom of Ireland, by Frances Lady Lanesborough his late Wife, praying Leave to bring in a Bill, for enroling the Will of the said Lord Viscount in the Court of Chancery of Great Britain, and that the Exemplification or attested Copies of the Enrolment may be Evidence.

It is Ordered, That Leave be given to bring in a Bill, as desired.

Bill read.

Accordingly the Lord Sandys presented to the House, a Bill, intituled, "An Act for enroling the Will of George late Viscount Lanesborough in the Kingdom of Ireland, and making the Exemplification thereof Evidence in all Courts in Great Britain and Ireland."

And the same was read the First Time.

Committee relating to the Necessary Woman's Place, revived.

Ordered, That the Committee appointed to consider the Petition of Mary Foord, relating to the Place of Necessary Woman to this House, and to whom was referred the Petition of Elizabeth Bancroft, who performs that Business, be revived, and meet on Monday next.

Weddell, Leave for a Bill.

After reading, and considering, the Report of the Judges to whom was referred the Petition of Richard Weddell Esquire, praying Leave to bring in a Private Bill.

It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act to enable Richard Weddell Esquire (lately called Richard Elcock) and his Issue to take and bear the Surname and Arms of Weddell, pursuant to the Will of Thomas Weddell Esquire, deceased, and for empowering the said Richard Weddell and those in Remainder after him to make Leases of the Estates devised to him and them by the said Will."

York and Durham Roads, repairing, Bill.

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

With a Bill, intituled, "An Act for repairing the High Road from the Town of Bowes, in the County of York, to Barnard Castle, in the County of Durham, and from thence, through Staindrop, to Newgate, in Bishop Auckland, and from Newgate, along Gibb Chair, to Gaundless Bridge, and from thence to Melderston Gill, otherwise Coundon Gill, to the Turnpike Road near Sunderland Bridge, in the County of Durham," to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Message from H C to return Lord Stra ge's Bill.

A Message was brought from the House of Commons, by the Lord Deerhurst and others.

To return the Bill, intituled, "An Act to enable James Stanley Esquire, commonly called Lord Strange, Eldest Son and Heir Apparent of Edward Earl of Derby, and his Issue by Lucy his Wife (late Lucy Smith), to take and use the Surname of Smith, and bear the Arms of Smith and Heriz," and to acquaint this House, that they have agreed to the same, without any Amendment.

E Brooke's Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for vesting the settled Estate of the Right Honourable Francis Earl Brooke, in the County of Southampton, in Trustees, to be sold, and for laying out the Money arising thereby in the Purchase of other Hereditaments, of equal or greater Value, to be settled in Lieu thereof, and for other Purposes therein mentioned"

The Question was put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

Message to H C with it.

A Message was sent to the House of Commons, by Mr. Elde and Mr. Thurston

To carry down the said Bill, and desire their Concurrence thereunto.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, septimum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Lunæ, 7^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

Bp of Bangor takes the Oaths.

Zachary Lord Bishop of Bangor took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Carthew, Leave for a Bill.

After reading, and considering, the Report of the Judges to whom was referred the Petition of Elizabeth Carthew Widow, praying Leave to bring in a private Bill.

It is Ordered, That Leave be given to bring in a Bill pursuant to the said Petition and Report.

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act for vesting divers Manors, Lands, and Hereditaments, in the County of Suffolk, late the Estate of Thomas Carthew Esquire, acceased, in his Executors, to enable them to convey the same, pursuant to Articles entered into for the Purchase thereof."

Lingen to take the Name of Burton, Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable Robert Burton, lately called Robert Lingen, and the Heirs Male of his Body, to take and use the Surname of Burton only, pursuant to the Will of Thomas Burton Esquire, deceased.

The Question was put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

Message to H C with it.

A Message was sent to the House of Commons, by Mr. Burroughs and Mr Allen

To carry down the said Bill, and desire their Concurrence thereunto.

York and Durham Roads, repairing, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for repairing the High Road from the Town of Bowes, in the County of York, to Barnard Castle, in the County of Durham, and from thence, through Staindrop, to Newgate, in Bishop Auckland, and from Newgate, along Gibb Chair, to Gaundless Bridge, and from thence, by Melderston Gill, otherwise Coundon Gill, to the Turnpike Road near Sunderland Bridge, in the County of Durham."

Ordered, That the said Bill be committed to the Consideration of the Lords following (videlicet,)

Their Lordships, or any Five of them, to meet on Wednesday next, at the usual Time and Place, and to adjourn as they please.

Visc Lanesborough's Will, Evidence, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for enroling the Will of George late Lord Viscount Lanesborough in the Kingdom of Ireland, and making the Exemplification thereof Evidence in all Courts in Great Britain and Ireland."

Ordered, That the said Bill be committed to the Consideration of the Lords Committees afore-named.

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

Weddel's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable Richard Weddell Esquire (lately called Richard Elcock) and his Issue to take and bear the Surname and Arms of Weddell, pursuant to the Will of Thomas Weddell Esquire, deceased, and for empowering the said Richard Weddell and those in Remainder after him to make Leases of the Estates devised to him and them by the said Will"

Ordered, That the said Bill be committed to the Consideration of the Lords Committees afore-named.

Their Lordships, or any Five of them, to meet on Tuesday the 22d Instant, at the usual Time and Place, and to adjourn as they please.

Ludlam's Petition referred to Judges.

Upon reading the Petition of John Ludlam Clerk, praying Leave to bring in a Bill, for Sale of Part of an Estate in the County of York, in the Petition mentioned, for discharging a Mortgage Debt due thereupon.

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Justice of the Court of King's Bench and the Lord Chief Baron of the Court of Exchequer, with the usual Directions, according to the Standing Order.

Frank & al Petition referred to Judges.

Upon reading the Petition of John Frank Gentleman and Lydia Frank his Wife, and Francis Rawcliffe Gentleman, praying Leave to bring in a Bill, for Sale of an Estate in Lincolnshire, in the Petition mentioned, and for settling another Estate in the same County to the Uses of the Petitioners Marriage Settlement.

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. Justice Burnett, with the usual Directions, according to the Standing Order.

Creditors of Naish, Petition referred to Judges.

Upon reading the Petition of Edward Spelman Esquire, and of the several other Persons whose Names are thereunto subscribed, being Creditors of Hugh Naish Esquire, for themselves and on the Behalf of other the Creditors of the said Hugh Naish, praying Leave to bring in a Bill, to compel the Trustees, appointed by an Act of Parliament of the Eleventh Year of His present Majesty, who are not interested in their own Right in the Estates and Effects of the said Hugh Naish, to carry certain Articles of Agreement, of the 4th of March 1741, between the Petitioners, effectually into Execution, for the Purposes thereby intended, and to confirm and establish the same:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Justice of the Court of King's Bench and the Lord Chief Justice of the Court of Common Pleas, with the usual Directions, according to the Standing Order.

E Shelburne against Biddulph.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Henry Earl of Shelburne of the Kingdom of Ireland and James Lord Dunkerron his Son and Heir Apparent are Appellants, and Nicholas Biddulph is Respondent"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on this Day Fortnight.

Pleadings proved.

The House being informed, "That Mr. Keaghran attended, in order to deliver in Copies of several Papers, Pleadings, and Proceedings, in the abovementioned Cause"

He was called in, and delivered, at the Bar, the said Papers, Pleadings, and Proceedings, and attested upon Oath, "The same were true Copies, he having exa mined them with the Originals in the proper Offices in Ireland"

And then he was directed to withdraw.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, nonum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Mercurii, 9^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

E of Tankerville takes the Oaths.

Charles Earl of Tankerville took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Report Committee about Necessary Woman's Place.

The Lord Delawarr reported from the Lords Committees appointed to consider the Petition of Mary Foord, Wife of Charles Foord, One of the Door-keepers of this House, alleging, "That Sir Charles Dalton, late Gentleman Usher of the Black Rod, had appointed the Petitioner to the Place of Necessary Woman to this House, which is now claimed by Walter Birmingham, One of the Door-keepers, as given him by Sir William Sanderson, former Gentleman Usher," and praying, "That the said Birmingham may be required to pay her the Money already due, and in Time coming, from her said Office, and to grant her such Relief as to the House shall seem meet," and to whom was referred the Petition of Elizabeth Bancroft, who performs the Business of the Office of Necessary Woman to this House, alleging, "That there is a Dispute touching the Right of the original Place of Necessary Woman," and praying, "That she may continue in her Employment, under then Lordships Protection" "That the Committee have met, and considered the Matter to them referred, and have examined several Witnesses, as well on Behalf of the Petitioners as of the said Birmingham, and are of Opinion, That the said Walter Birmingham, was appointed by the said Sir William Sanderson to the Place in Question, and that the Committee are further of Opinion, That, for the future, when any Officers belonging to this House are appointed to their respective Offices, such Appointment should be made by Warrant under the Hand and Seal of the Person having a Right to appoint to the said Offices, and that such Appointments be entered in a Book, to be kept in the Office of the Clerk of the Parliaments for that Purpose."

Which Report, being read by the Clerk, was agreed to by the House.

Carthew's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting divers Manors, Lands, and Hereditaments, in the County of Suffolk, late the Estate of Thomas Carthew Esquire, deceased, in his Executors, to enable them to convey the same, pursuant to Articles entered into for the Purchase thereof"

Ordered, That the said Bill be committed to the Consideration of the Lords following, (videlicet,)

Their Lordships, or any Five of them, to meet on Thursday the 24th Instant, at the usual Time and Place, and to adjourn as they please.

Committee shortening.

The House being moved, "That the Standing Order, requiring Fourteen Days Notice to be given of the Meeting of Committees on Private Bills, may be so far dispensed with, as that the Committee to whom the last mentioned Bill stands committed may meet on an earlier Day than is now appointed, in regard the Session is far advanced"

Ordered, That the said Motion be taken into Consideration on Friday next, and the Lords to be summoned.

Visc Lanesborough's Will Evidence, Bill.

The Earl of Warwick reported from the Lords Com mittees to whom the Bill, intituled, "An Act for enroling the Will of George late Viscount Lanesborough, in the Kingdom of Ireland, and making the Exemplification thereof Evidence in all Courts in Great Bri turn and Ireland," 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"

Ordered, That the said Bill be engrossed.

York and Durham Roads reparing, Bill.

The same Earl made the like Report from the Lords Committees to whom the Bill, intituled, "An Act for repairing the High Road from the Town of Bowes, in the County of York, to Barnard Castle, in the County of Durham, and from thence, through Staindrop, to Newgate, in Bishop Auckland, and from Newgate, along Gibb Chair, to Gaundless Bridge, and from thence, by Melderston Gill otherwise Coundon Gill, to the Turnpike Road near Sunderland Bridge, in the said County of Durham," was committed.

André, Nat Bill.

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

With a Bill, intituled, "An Act for naturalizing Anthony André and David André," to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Foublanque et al Pet to be added to it.

Upon reading the Petition of John Foublanque and Peter Gaussen Junior, Gabriel Clarmont and Dirk Cloes Lutkeman, praying, "That then Names may be inserted in the said Bill"

It is Ordered, That the said Petition do lie on the Table, till the said Bill be read a Second Time.

Banks's Pet referred to Judges.

Upon reading the Petition of Letilia Banks Spinster, for and on the Behalf of Collingwood Banks and George Banks Infants, to whom the Petitioner is Guardian, praying Leave to bring in a Bill, for Sale of the Dwelling-house of Joseph Banks Esquire, the Petitioner's late Father, deceased, situate on the East Side of St. James's Square, in the Liberty of Westminster, and for laying out the Money arising thereby in the Purchase of Lands or Tenements, to be settled to the same Uses as the said Dwelling house now stands settled.

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Justice of the Court of King's Bench and the Lord Chief Justice of the Court of Common Pleas, with the usual Directions, according to the Standing Order.

Somergangs Common Pasture enclosing, Bill:

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

With a Bill, intituled, "An Act to confirm and establish an Agreement, for enclosing and dividing a large Open Common Pasture Ground, called Somergangs, otherwise Somergams, in the Parish of Drypool, in the County of York," to which they desire the Concurrence of this House.

The said Bill was read the First Time.

His Majesty's Consent signified.

The Duke of Newcastle acquainted the House, "That His Majesty, having been apprized of the Contents of the said Bill, was pleased, so far as the Interest of the Crown is concerned, to consent that their Lordships may proceed thereon as they shall think fit."

E. Stair's Petition, relating to the Titles of Stair, Dalrymple, &c.

The Duke of Newcastle (by His Majesty's Command) presented to the House, a Petition of James Earl of Stair, Viscount Dalrymple, Lord Newlistoun, Strarraer, and Glenluce, relating to the Honours and Dignities claimed by the Petitioner, with His Majesty's Reference thereof to this House.

Which were read by the Clerk, and are as follow, (videlicet,)

"Unto the King's most Excellent Majesty.

"The humble Petition of James Earl of Stair, Viscount Dalrymple, Lord Newlistoun, Stranraer, and Glenluce,

"Sheweth,

"That Her Majesty Queen Ann, by Her Royal Grant or Patent, of Date 8th April 1703, created John, then Viscount of Stair, Earl of Stair, Viscount Dalrymple, Lord Newlistoun, Glenluce, and Stranceer, thereby giving and granting to the said John Viscount of Stair and the Heirs Male of his Body, and failing these, to the Heirs Male of the deceased James Viscount of Stair, the Title, Honour, Degree, and Dignity, of Earl.

"That the said John Earl of Stair had Issue John last Earl of Stair his Eldest Son, Mr William Dalrymple his Second Son, and Mr George Dalrymple his Third Son.

"That he died in January 1706/7, and was succeeded in Title, Honour, and Estate, by the foresaid John his Eldest Son, who thereby became Earl of Stair, Viscount Dalrymple, Lord Newlistoun, Glenluce, and Stranraer.

"That Her Majesty Queen Ann, by Her Royal Signature, of Date 27th February 1706/7, with Advice and Consent of the Lords Commissioners of Her Majesty's Treasury and Exchequer for Scotland, was graciously pleased to appoint and erdam a Patent and Charter, to be expede under the Great Seal of Scotland, according to the Law and Usage of that Kingdom before the Union, giving, granting, and perpetually confirming, to the said John Earl of Stair and the Heirs Male of his Body, and, failing those, to such Person or Persons, descended of the deceased James Viscount of Stair, as the said Earl should name and appoint under his Hand, at any Time in his Life, and if no such Nomination should be made, or if the Person or Persons so named should hereafter fail, to Mr William Dalrymple, the said Earl's immediate Younger Brother, and the Second Son procreat or to be procreat of the Marriage betwixt the said Mr. William Dalrymple and Penelope Countess of Dumfries, and the Heirs Male of the Body of the said Second Son, and, failing these, to the Third, Fourth, or other Younger Son procreat of the Marriage betwixt the said Mr. William Dalrymple and Penelope Countess of Dumfries, in their Order of Seniority, and to the Heirs Male of their Bodies respectively, with certain Remainders over, the Title and Dignity of Earl of Stair, Viscount Dalrymple, Lord Newlistoun, Glenluce, and Stranraer.

"That, in Pursuance of the foresaid Royal Signature, a Charter was expede under the Great Seal of Scotland, of Date the 27th of February 1706/7, proceeding upon the Resignation of the said John Earl of Stair, giving, granting, and confirming, to him and the other Persons above named, the above mentioned Title, Honour, and Dignity of Peerage.

"That the said John last Earl of Stair died, without Issue, upon the 9th Day of May 1747

"That the said William Dalrymple, his immediate Younger Brother, died in the Life-time of the said Earl, and lest Issue, of the Marriage betwixt him and Penclope Countess of Dumfreis, William now Earl of Dumfreis his Eldest Son, and Your Petitioner his Second Son.

"That Your Petitioner, upon the Death of the said John last Earl of Stair as aforesaid, succeeded, by virtue of the aforesaid Charter, 27th February 1706/7, to the Title, Honour, and Dignity, of Earl of Stair, Viscount Dalrymple, Lord Newlistoun, Glenluce and Stranraer, and hoped to have enjoyed the same without any Objection.

"That nevertheless, at the last general Election of the Sixteen Peers of Scotland to serve in the present Parliament of Great Britain, John Dalrymple Esquire, Eldest Son and Heir of the said George the Third Son of the said John First Earl of Stair, and immediate Younger Brother of your Petitioner's Father, claimed to vote as Earl of Stair, and, upon all other Occasions, as Your Petitioner is informed, assumes the said Title, upon Pretence of some Conveyance, Assignment, or Devise thereof, to him by the said John late Earl of Stair.

"That the said John Dalrymple, being conscious that there is no just Foundation for such his Claim, refuses to apply for Your Majesty's Judgement thereupon, vet still, in Fact, takes upon himself the said Title.

"That the only Method for bringing Questions concerning Rights to Peerage of Great Britain to a final and judicial Determination, is by direct Application to Your Majesty.

"Your Petitioner therefore humbly prays, that Your Majesty would order the said John Dalrymple, to shew for what Causes, and by what Authority, he claims and takes upon him the said Honours and Dignities, and that Your Majesty would declare, that they do not belong to the said John Dalrymple, but to Your Petitioner and his Heirs, according to the aforesaid Charter and Patent of Honour, by Her Majesty Queen Ann, of Date 27 February 1706/7, as of Right they do.

"And Your Petitioner shall ever pray.

"Stair."

"Whitehall, March 5th, 1747/8.

His Majesty's Reference of it to the House.

"His Majesty, being moved upon this Petition, is graclously pleased to refer the same to the Right Honourable the House of Peers, to examine the Allegations thereof, as to what relates to the Petitioner's Title therein mentioned, and to inform His Majesty how the same shall appear to their Lordships.

"Holles Newcastle."

Ordered, That the said Petition and Reference be referred to the Lords Committees for Privileges, to consider thereof, and report then Opinion thereupon to the House.

E of Dumfreis Petition, claining the same Honours.

Then the Duke of Newcastle (by His Majesty's Command) presented to the House, a Petition of William Earl of Dumfreis, relating to the same Honours and Dignities, with His Majesty's Reference thereof to this House.

Which were read by the Clerk, and are as follow, (videlicet,)

"Unto the King's most Excellent Majesty.

"The humble Petition of William Earl of Dumfreis,

"Sheweth,

"That Her Majesty Queen Ann, by Her Royal Grant and Patent, of Date the 8th April 1703, created John, then Viscount of Stair, Earl of Stair, Viscount Dalrymple, Lord Newlistoun, Glenluce, and Stranraer, thereby giving and granting to him, and the Heirs Male of his Body, and, sailing these, to the Heirs Male of the deceased James Viscount of Stair, the Title, Honour, Degree, and Dignity, of Earl.

"That the said John First Earl of Stair had Issue John last Earl of Stair his Eldest Son, Mr William Dalrymple his Second Son, and Mr. George Dalrymple his Third Son.

"That he died in January 1706/7, and was succeeded by John his Eldest Son, who thereby became Earl of Stair, Viscount Dalrymple, Lord Newlistoun, Glenluce, and Stranraer

"That Her Majesty Queen Ann, by Her Royal Signature, of Date 27th February 1706/7, with Advice and Consent of the Lords Commissioners of Her Majesty's Treasury and Exchequer for Scotland, appointed and ordained a Patent and Charter to be expede under the Great Seal of that Kingdom, giving, granting, and perpetually confirming, to the said John late Earl of Stair and the Heirs Male of his Body, and, failing these, to such Person or Persons descended of the deceased James Viscount of Stair as the said Earl should name and appoint under his Hand at any Time in his Life, and if no such Nomination should be made, or if the Person or Persons so named should thereafter fail, to Mr William Dalrymple the said Earl's immediate Younger Brother, and the Second Son procreate or to be procreate of the Marriage betwixt the said Mr William Dalrymple and Penelope Countess of Dumfries, and the Heirs Male of the Body of the said Second Son, and, failing these, to the Third, Fourth, or other Younger Son procreate of the Marriage betwixt the said Mr William Dalrymple and Penelope Countess of Dumfries, in their Order of Seniority, and to the Heirs Male of then respective Bodies, with certain Remainders over, the Title and Dignity of Earl of Stair, Viscount Dalrymple, Lord Newlistoun, Glenluce, and Stranraer.

"That, in Pursuance of the aforesaid Royal Signature, a Charter was expede under the Great Seal of Scotland, of Date 27th February 1706/7, proceeding upon the Resignation of the said John last Earl of Stair, giving, granting, and confirming, to him and the other Persons abovenamed, the abovementioned Title, Honour, and Dignity, of Peerage.

"That the said John last Earl of Stair died, without Issue, upon the Ninth Day of May 1747.

"That the said William Dalrymple, his immediate Younger Brother, died in the Life-time of the said Earl, and left Issue, of the Marriage betwixt him and Penelope Countess of Dumfreis, Your Petitioner his Eldest Son, and James his Second Son.

"That Your Petitioner, apprehending the Limitations of the original Patent, Eight April 1703, to be varied by the Charter 1707, has not yet claimed or taken upon himself the said Title of Earl of Stair, Viscount Dalrymple, Lord Newlistoun, Glenluce, and Stranraer But, in case Your Majesty should be of Opinion that the said Charter could not vary the Limitation of the Patent 1703, as the only Method for bringing Questions concerning the Rights to Peerage of Great Britain to a final Determination is by direct Application to Your Majesty,

"Your Petitioner humbly prays, in case Your Majesty shall be of Opinion that the Limitations by the aforesaid original Grant or Patent 1703 could not be varied or altered by the subsequent Charter 1706/7, that the said Title, Honour, and Dignity, of Earl of Stair, Viscount Dalrymple, Lord Newliston, Glenluce, and Stranraer, may be decreed to belong to Your Petitioner.

"And Your Petitioner shall ever pray.

"Dumfries.

"Whitchall, March 5th, 1747/8.

His Majesty's Reference of at to the House.

"His Majesty, being moved upon this Petition, is gracously pleased to refer the same to the Right Honourable the House of Peers, to examine the Allegations thereof, as to what relates to the Petitioner's Title therein mentioned, and to inform His Majesty how the same shall appear to their Lordships.

"Holles Newcastle."

Ordered, That the said Petition and Reference be referred to the Lords Committees for Privileges, to consider thereof, and report their Opinion thereupon to the House.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, undecimum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.