House of Lords Journal Volume 32
December 1767, 1-10

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History of Parliament Trust

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1767-1830

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10-20

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'House of Lords Journal Volume 32: December 1767, 1-10', Journal of the House of Lords volume 32: 1768-1770 (1767-1830), pp. 10-20. URL: http://www.british-history.ac.uk/report.aspx?compid=113288 Date accessed: 26 July 2014.


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Contents

Die Martis, 1o Decembris 1767.
Sir Oliver Crofton against Connor. Roberts, et al. against Brown & ux. Cholmley against Bp. of Lincoln. Smithe & al. against Clay & al. Lodge against Mansergh & al. E. Donegall and Barry against Lord Knapton. Nedham's Petition referred to Judges. Edwardes and others Petition referred to Judges. E. Darnley against Stafford et al. Spottiswoode to enter into Recognizance on Douglas's Appeal. Everard against Dillon. Rochfort against Lostus. Cholmley & al. against His Majesty's Attorney General & al. Roberts & al. against Browne & al. Respondent peremptorily to answer E. Lauderdale's Appeal. Arnold Leave for a Bill to take the Name of Wallinger. Bill read. East India Goods and Naval Stores, &c. Accounts delivered. Paul to take the Name of Saint Paul Bill. Van Dam's Nat. Bill. Adjourn. Die Jovis, 3o Decembris, 1767.
Queen's Answer to Congratulatory Message. D. Bedford takes the Oaths. Macnamara against Cliff and Surman. Cairncross against Bertley & al. Brown against Fowler & al. Herriot against Grant & al. Fairie against Watsons. Dr. Brooke Leave for a Divorce Bill. Purser to enter into Recognizance on E. Donegall's Appeal. Collyer to enter into Recognizance on Smith's Appeal. Tippell to enter into Recognizance on Macnamara's Appeal. Sir Oliver Crofton against Connor. Delany against Tennon. Morgan et al. against E. Winchilsea et al. Appeal dismissed. State of the. Nation Consideration; put off. Corn, to prohibit the Exportation of Bill. Corn, to allow the Importation of Bill. Mac Clellan's Petition, claiming the Barony of Kirkcudbright. Sir Robert Gordon's Petition, claiming the Earldom of Sutherland. Adjourn. Die Lunæ, 7o Decembris, 1767.
Corn, to prohibit the Exportation of, Bill. Corn, to allow the Importation of, Bill. Message to House of Commons that the Lords have agreed to the Two preceding Bills. Van Dam's Naturalization Bill. Paul to take the Name of Saint Paul. His Majesty present. Bills passed. Dr. Brooke's Divorce Bill. Bridges for an Exemplification Bill. Arnold to take the Name of Wallinger, Bill. Flack to enter into Recognizance on Lodge's Appeal. Sir W. Dunbar et al. against Sinclair et al. Johnston et al. against Young et al. Sir John Anstruther against Maxwell. Laing against Ramsay et al. Ponsonby against Adams et al. D. Bedford and Marchioness of Tavistock's Petition referred to Judges. D. Ancaster takes the Oaths. Appeals left with the Clerk, to be read next Sitting Day. Adjourn. Die Mercurii, 9o Decembris 1767.
Speirs against Peters. Dunbar against Sinclair et al. Capel et Ux. against M'Carthy et al. Decretal Order affirmed. Hunter against Shepherd et al. Gordon, against Adolphus el al. Alexander against Chrystie. Heron against Heron. Spottiswoode to enter into Recognizance on Laing's Appeal. Spottiswoode to enter into Recognizance on Fairie's Appeal. Spottiswoode to enter into Recognizance on Brown's Appeal. Spottiswoode to enter into Recognizance on Sir William Dunbar's Appeal. Spottiswoode to enter into Recognizance on Johnstone's Appeal. Sir William Dunbar against Sinclair. Davidson to enter into Recognizance onCairncross's Appeal. Arnold to take he Name of Wallinger, Bill. Van Dam's Naturalization Bill. Paul to take the Name of Saint, Bill. Message to H. C. with the Two preceding Bills. Cause put off. Salted Provisions, free Importation of, Bill. Adjourn. Footnotes

Die Martis, 1o Decembris 1767.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Winton. Dux Grafton. Ds. Wycombe, Una Primariorum Secretariorum.
Epus. Bath. et Wells. Comes Breadalbane. Ds. Botetourt.
Epus. Cestrien. Comes Marchmont. Ds. Willoughby Par.
Epus. Petriburg. Comes Tankerville. Ds. Delamer.
Ds. Camden, Cancellarius. Comes Harrington. Ds. Masham.
Comes Delawar. Ds. Sandys.
Viscount Weymouth. Ds. Boston.
Viscount Falmouth. Ds. Lovel & Holland.

PRAYERS.

Sir Oliver Crofton against Connor.

The Answer of George Connor to the Appeal, of Sir Oliver Crofton Baronet, was this Day brought in:

Roberts, et al. against Brown & ux.

As was also, the Answer of Patrick Brown Esquire, and Mary his Wife, to the Appeal of Reuben Roberts, and others:

Cholmley against Bp. of Lincoln.

Also, the Answer of the Lord Bishop of Lincoln to the Appeal of John Cholmley Esquire, and others:

And also, the Answer of His Majesty's Attorney General, and John Blair, Doctor of Laws, to the same Appeal.

Smithe & al. against Clay & al.

Upon reading the Petition and Appeal of John Smithe, Edward Hippisley, Benjamin Boddington, and Francis Hobbs, and Mary his Wife, complaining of Two Decrees of the Court of Chancery, of the 25th of July, the 2d of George the IId, and 5th of February, the 5th of George the IId; and also of another Decree of the said Court of the 22d of June 1767, made in a certain Cause, wherein the Appellant John Smithe Gentleman, by Bills of Revivor, and Supplemental Bill of Complaint, was Complainant; and Richard Lomax Clay, Edward Hippisley, John Towers, Daniel Stone, Martha Steere, Lee Steere, Benjamin Boddington, Francis Hobbs, and Mary his Wife, and Ann Compton, were Defendants, ants, and praying “That the same may be reversed, 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 Richard Lomax Clay, John Towers, Daniel Stone, Martha Steere, Lee Steere, and Ann Compton may be required to answer the said Appeal:”

It is Ordered, That the said Richard Lomax Clay, John Towers, Daniel Stone, Martha Steere, Lee Steere, and Ann Compton, may have a Copy of the said Appeal, and do put in their Answer, or respective Answers thereunto, in Writing, on or before Tuesday the 15th Day of this instant December.

Lodge against Mansergh & al.

Upon reading the Petition and Appeal of George Lodge Gentleman, complaining of a Decree of the Court of Chancery in Ireland, of the 11th Day of December 1761; and praying, “That the same may be reversed, or that the Appellant may have such Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that James Mansergh, Robert Laurenson, the Reverend Dean St. George, Richard St. George, and Lettice Lodge, may be required to answer the said Appeal:”

It is Ordered, That the said James Mansergh, Robert Laurenson, the Reverend Dean St. George, Richard St. George, and Lettice Lodge, may have a Copy of the said Appeal, and do put in their Answer, or respective Answers, thereunto, in Writing, on or before Tuesday the 5th Day of January next; and Service of this Order upon the Clerks in Court, or Solicitors of the said Respondents, in the said Court of Chancery in Ireland, shall be deemed good Service.

E. Donegall and Barry against Lord Knapton.

Upon reading the Petition and Appeal of the Right Honourable Arthur Chichester, Earl of Donegall in the Kingdom of Ireland, Nephew and Heir of Arthur late Earl of Donegall deceased, and of the Honourable Richard Barry Esquire, complaining of a Decree of the Court of Exchequer in Ireland, of the 11th Day of December 1766; and praying, “That the same may be reversed, 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 Thomas Lord Knapton may be required to answer the said Appeal:”

It is Ordered, That the said Thomas Lord Knapton may have a Copy of the said Appeal, and do put in his Answer thereto, in Writing, on or before Tuesday the 5th Day of January next; and Service of this Order upon the Clerk in Court, or Agent of the said Respondent in the said Court of Exchequer in Ireland, shall be deemed good Service.

Nedham's Petition referred to Judges.

Upon reading the Petition of William Nedham and George Nedham, Esquires; praying Leave to bring in a Bill for vesting a settled Estate in the Island of Jamaica in Trustees, to be sold 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 Perrott, 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.

Edwardes and others Petition referred to Judges.

Upon reading the Petition of the Honourable William Edwardes of Johnston, in the County of Pembroke, Esquire, and Elizabeth his Wife, Rowland Edwardes of Tresgarne in the said County Esquire, the Second Son of Owen Edwardes heretofore of Llanmiloe, in the County of Carmarthen, Esquire, deceased, and John Owen Edwardes, eldest Son of the said Rowland Edwardes; praying Leave to bring in a Bill for confirming and carrying into Execution a certain Agreement therein mentioned, and for other 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. Justice Glive; 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.

E. Darnley against Stafford et al.

The House being moved, “That a Day may be appointed for hearing the Cause wherein John Earl of Darnley is Appellant, and Hugh Stafford Gentleman, and others, are Respondents:”

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on the First vacant Day for Causes after those already appointed.

Spottiswoode to enter into Recognizance on Douglas's Appeal.

The House being moved, “That John Spottiswoode of the Inner Temple Gentleman, may be permitted to enter into a Recognizance for Arĉhibald Douglas Esquire, on account of his Appeal depending in this House, he being under Age:”

It is Ordered, That the said John Spottiswoode may enter into a Recognizance for the said Appellant, as desired.

Everard against Dillon.

The House being moved, “That a Day may be appointed for hearing the Cause, wherein Patrick Everard Esquire is Appellant, and Thomas Dillon Esquire is Respondent:”

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on the First vacant Day for Causes after those already appointed.

Rochfort against Lostus.

The House being moved, “That a Day may be appointed for hearing the Cause, wherein George Rochfort Esquire is Appellant, and Henry Lostus Esquire is Respondent, upon the Appeal and Answer thereto:”

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on the First vacant Day for Causes after those already appointed.

Cholmley & al. against His Majesty's Attorney General & al.

The House being moved, “That a Day may be appointed for hearing the Cause, wherein John Cholmley Esquire, and others, are Appellants, and His Majesty's Attorney General, and others, are Respondents:”

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, oh the First vacant Day for Causes after those already appointed.

Roberts & al. against Browne & al.

The House being moved, “That a Day may be “appointed for hearing the Cause, wherein Reuben Roberts, and others, are Appellants, and Patrick Brown Esquire, and Mary his Wife, are Respondents:”

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on the First vacant Day for Causes after those already appointed.

Respondent peremptorily to answer E. Lauderdale's Appeal.

The House was informed, “That George Mackay of Skibo, Respondent to the Appeal of James Earl of Lauderdale, had not put in his Answer to the said Appeal, though duly served with the Order of this House for that Purpose:”

And thereupon an Affidavit of Charles Robertson, Clerk to Mr. William Robertson of Ladykirk, being read:

Ordered, That the said Respondent do put in his Answer to the said Appeal, peremptorily, in a Week.

Arnold Leave for a Bill to take the Name of Wallinger.

Upon reading the Petition of John Arnold Wallinger Esquire, lately called John Arnold, “Praying Leave to bring in a Bill to enable him to take and bear the Name and Arms of Wallinger:

It is Ordered, That Leave be given to bring in a Bill, according to the Prayer of the said Petition:

Bill read.

Whereupon, the Lord Delamer presented to the House, a Bill, intituled, “An Act for continuing, establishing, and ,confirming, the Surname and Arms of Wallinger unto John Wallinger, formerly called John Arnold, and his Issue, pursuant to the Will of John Wallinger, his late Uncle, deceased.”

The said Bill was read the First Time.

East India Goods and Naval Stores, &c. Accounts delivered.

The House being informed, “That some of the Commissioners of the Customs attended;”

They were called in; and delivered, at the Bar, pursuant to several Acts of Parliament.

The Return of the said Commissioners, with the following Accounts, (videlicet);

1. An Account of prohibited East India Goods, brought into the East India Warehouses at Saint Heller's, in the Port of London, from Michaelmas 1766, to Michaelmas 1767; also what exported during that Time, and what remained in the said Warehouses at Michaelmas 1767.

2. An Account of prohibited East India Goods brought into the East India Warehouses at Leadenhall and Billiter Lane, in the Port of London, from Michaelmas 1766 to Michaelmas 1767; also what exported during that Time, and what remained in the said Warehouses at Michaelmas 1767.

3. An Account of prohibited East India Goods remaining in His Majesty's Warehouses in the Port of London at Michaelmas 1766; what have been since brought in, what exported, as also what remained at Michaelmas 1767.

4. An Account of East India .Goods prohibited to be worn in this Kingdom, in the respective Warehouses in the Out-Ports at Michaelmas 1766; what have been since brought in, what exported, as also what remained at Michaelmas 1767.

5. An Account of prohibited East India Goods which have been delivered out of the Warehouses at Saint Helleh's, Leadenhall, Billiter Lane, and the Custom House, in the Port of London, since Michaelmas 1766, in order to be dyed, glazed, and refreshed; what have been returned, and what remained at Michaelmas 1767.

6. An Account of Naval Stores imported from Russia into the Port of London; from Michaelmas 1766 to Michaelmas 1767.

7. An Account of Naval Stores imported from Russia into the Ports of England (commonly called the Out-Ports), from Michaelmas 1766 to Michaelmas 1767.

8. An Account of all Corn, Grain, Meal, Malt, Flour, Bread, Biscuit, and Starch exported, from England to any Place whatsoever, by virtue or in pursuance of any of the Liberties or Powers given or granted for that Purpose, by an Act, passed last Session, to prohibit the Exportation thereof.

An Account of the Number of Ships which have been employed in the Whale Fishery to Davis's Streights, and the Greenland Seas, with their respective Names and Burthens, from whence they were fitted out, and at what Port in Great Britain they were discharged; and also what Quantity of Oil or Whale Fins each Ship has imported in the Year 1767.”

And then they withdrew.

And the Titles thereof being read by the Clerk:

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

Paul to take the Name of Saint Paul Bill.

Hodie 2a vice lecta est Billa, intituled, “An Act to enable Mrs. Judith Paul, and her Issue, to use and take the Name of Saint Paul.”

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

D. Grafton. L. Bp. Winchester. L. Wycombe.
E. Bradalbane. L. Bp. Bath & Wells. L. Botetourt.
E. Marchmont. L. Bp. Chester. L. Willoughby Par.
E. Tankerville. L. Bp. Peterborough. L. Delamer.
E. Harrington. L. Masham.
E. Delawar. L. Sandys. L.
V. Weymouth. Boston.
V. Falmouth.

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.

Van Dam's Nat. Bill.

Dirk Willem Van Dam took the Oaths appointed in order to his Naturalization.

Hodie 2a vice lecta est Billa, intituled, “An Act for naturalizing Dirk Willem Van Dam.

Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed; their Lordships, or any Five of them, to meet on the same Day at the same Place, and to adjourn as they please.

Adjourn.

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

Die Jovis, 3o Decembris, 1767.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Bath. & Wells. Ds. Camden, Cancellarius. Ds. Wycombe, Unus Primariorum Secretariorum.
Epus. Litch. & Cov. Dux Grafton. Ds. Botetourt.
Epus. Wigorn. Dux Bedford. Ds. Willoughby Par.
Epus. Norvicen. Dux Ancaster, Magnus Camerarius. Ds. Delamer.
Epus. Petriburg. Dux Bridgewater. Ds. Romney. Ds. Ducie.
March. Rockingham. Ds. Boston.
Comes Denbigh. Ds. Lovel & Holland.
Comes Peterborough.
Comes Winchilsea.
Comes Breadalbane.
Comes Abercorn.
Comes Marchmont.
Comes Tankerville.
Comes Gower.
Comes Hardwicke.
Viscount Weymouth.
Viscount Falmouth.

PRAYERS.

Queen's Answer to Congratulatory Message.

The Duke of Ancaster acquainted the House, “That he and the Earl Cornwallis had, pursuant to the Order of the 24th of November last, carried their Lordships Message of Congratulation on the Birth of a Prince, and that Her Majesty was pleased to return the following Answer; (videlicet,)

My Lords,

I thank the House of Lords, for this fresh Mark of their Duty to the King, and Attention to me.”

D. Bedford takes the Oaths.

John Duke of Bedford took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes, his Grace having first, at the Table, delivered a Certificate of his receiving the Sacrament, to the Truth whereof Witnesses were sworn, and examined.

Macnamara against Cliff and Surman.

Upon reading the Petition and Appeal of John Macnamara Esquire, complaining of Two Decrees of the Court of Chancery in Ireland, of the 23d of February 1763, and 3d of July 1766, and praying, “That the same may be reversed, or that the Appellant may have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that Robert Cliff and Sarah Surman may be required to answer the said Appeal:”

It is Ordered, That the said Robert Cliff and Sarah Surman may have a Copy of the said Appeal, and do put in their Answer, or respective Answers thereunto, in Writing, on or before Thursday the 7th Day of January next; and Service of this Order on the Clerks in Court, or Solicitors of the said Respondents, in the said Court of Chancery in Ireland, shall be deemed good Service.

Cairncross against Bertley & al.

Upon reading the Petition and Appeal of Hugh Cairncross Mason in Gallastnolls, complaining of an Interlocutor of the Lords of Session in Scotland, of the 8th of August 1767, and praying, “That the same may be reversed, varied, or altered, or that the Appellant may have such Relief in the Premises, as to this House, in their Lordships great Wisdom, shall think sit; and that William Heatley Smith in Newton, Thomas Miln Tenant in Clintmains, William Myrtle Son of the deceased Thomas Myrtle Brewer in Edinburgh, and Alexander Home of Manderstone Esquire, their Assignee, may be required to answer the said Appeal:”

It is Ordered, That the said William Heatley, and the said several Persons last named, may have a Copy of the said Appeal, and do put in their Answer, or respective Answers thereunto, in Writing, on or before Thursday the 31st Day of this instant December; and Service of this Order upon the said Respondents, or upon any of their known Counsel or Agents, before the said Court of Session in Scotland, or at their Dwelling Places, shall be deemed good Service.

Brown against Fowler & al.

Upon reading the Petition and Appeal of William Brown Land Labourer of Kilkenny, complaining of an Interlocutor of the Court of Session in Scotland, of the 14th of February 1767; and praying, “That the same may be reversed, varied, or altered, or that the Appellant may have such Relief in the Premises as to this House, in their Lordships great Wisdom, shall seem meet; and that David Fowler, James Millar, Andrew Boyter, Andrew Reid, Alexander Reid, Alexander Payton, Alexander Wedderburn, William Alexander, James Edie, David Watson, Thomas Smart, George Louthian, James Boyter, William Fowler, James Waddell, and John Oliphant, may be required to answer the said Appeal:”

It is Ordered, That the said David Fowler, and the said several Persons last named, may have a Copy of the said Appeal, and do put in their Answer, or respective Answers thereunto, in Writing, on or before Thursday the 31st Day of this instant December; and Service of this Order upon any of the known Agents, or Procurators of the said Respondents, in the said Court of Session in Scotland, shall be deemed good Service.

Herriot against Grant & al.

Upon reading the Petition and Appeal of Doctor Robert Herriot, complaining of Two Interlocutors of the Lords of Session in Scotland, of the 27th of June and 26th of November 1766; and also of Two other Interlocutors of the Lord Ordinary there of the 14th of February and 30th of July 1767; and praying, That the same may be reversed, varied, or altered, or that the Appellant may have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem just; and that Lewis Grant, Writer or Accomptant in Edinburgh, who is now the acting Trustee for the Messieurs Fairholmes, and their acceding Creditors, and to Messieurs Adam and Thomas Fairholme, the common Debtors, may be required to answer the said Appeal:”

It is Ordered, That the said Lewis Grant, and the said Persons last named, may have a Copy of the said Appeal, and do put in their Answer, or respective Answers thereunto, in Writing, on or before Thursday the 31st Day of this instant December; and Service of this Order upon their known Procurators, or Agents of the said Respondents, in the said Court of Session in Scotland, shall be deemed good Service.

Fairie against Watsons.

Upon reading the Petition and Appeal of James Fairie, late in Milton of Prevan, now Residenter in Glasgow, complaining of Two Interlocutors of the Court of Session in Scotland, of the 26th of February and 10th of March 1763; and praying, “That the same may be reversed, varied, or altered, or that the Appellant may have such Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem just; and that James Watson may be required to answer the Said Appeal:”

It is Ordered, That the said James Watson may have a Copy of the said Appeal, and do put in his Answer thereto, in Writing, on or before Thursday the 31st Day of this instant December; and Service of this Order upon the Procurator, or Agent of the Said Respondent, in the Said Court of Session in Scotland, shall be deemed good Service.

Dr. Brooke Leave for a Divorce Bill.

Upon reading the Petition of Thomas Brooke, of the Parish of Saint James, Westminister, in the County of Middlesex, Doctor in Physic, praying Leave to bring in a Bill to dissolve his Marriage with Harriet Nelthorpe his now Wife, and to enable him to marry again:

It is Ordered, That Leave be given to bring in a Bill, according to the Prayer of the said Petition.

Purser to enter into Recognizance on E. Donegall's Appeal.

The House being moved, “That John Purser of Saint Dunstan's Gentleman, may be permitted to enter into a Recognizance for the Earl of Donegall, on account of his Appeal depending in this House, he being in the Country:”

It is Ordered, That the said John Purser may enter into a Recognizance for the said Appellant as desired.

Collyer to enter into Recognizance on Smith's Appeal.

The House being moved, “That Benjamin Collyer of Red Lyon Square Gentleman, may be permitted to enter into a Recognizance for John Smythe, and others, on account of their Appeal depending in this House, they being in the Country:”

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

Tippell to enter into Recognizance on Macnamara's Appeal.

The House being moved, “That George Tippell, of the Parish of Saint Andrew Holbourn, may be permitted to enter into a Recognizance for John Macnamara Esquire, on account of his Appeal depending in this House, he residing in Ireland:

It is Ordered, That the said George Tippell may enter into a Recognizance for the said Appellant, as desired.

Sir Oliver Crofton against Connor.

The House being moved, “That a Day may be appointed for hearing the Cause wherein Sir Oliver Crofton Bart, is Appellant, and George Connor is Respondent:”

It is Ordered, That this House will hear the said Cause by Counsel, at the Bar, on the First Vacant Day for Causes after those already appointed.

Delany against Tennon.

The House being moved, “That a Day may be appointed for hearing the Cause wherein Doctor Delany, Doctor in Divinity, is Appellant, and Alice Tenison Widow is Respondent:”

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on the First vacant Day for Causes after those already appointed.

Morgan et al. against E. Winchilsea et al.

Upon reading the Petition of Thomas Morgan Esquire, and others, Appellants, in a Cause depending in this House, wherein the Earl of Winchilsea, and others, are Respondents, which stands appointed to be heard on Monday next; setting forth, “That in the Month of February 1764, the Petitioners exhibited their Bill in the Court of Chancery, against the Respondents, to enforce a specific Performance of ail Agreement between them, bearing Date the 13th Day of March 1761; and the Respondents afterwards exhibited their Bill in the said Court against the Petitioners, to be relieved against the said Agreement: That oh hearing both the said Causes before the Right Honourable the Lord Chancellor, on the 7th of November now last past; his Lordship was pleased to declare, that the said Agreement was well proved, and that the same ought to be carried into Execution by the Several Parties that had subscribed and executed the same; and therefore praying, in regard the Merits of the Appeal are now at an End, that the said Appeal may stand dismissed without Costs on either Side, except such Costs as are mentioned in the said Agreement, the Agent for the Respondents having signed the said Petition, as consenting thereto:”

Appeal dismissed.

It is Ordered, That the said Appeal do stand dismissed without Costs on either Side, except fuel Costs as are mentioned in the said Agreement, as desired.

State of the. Nation Consideration; put off.

Ordered, That the Consideration of the State of the Nation, which stands appointed for Tuesday next, be put off to Tuesday the 19th Day of January next; and that the Lords be summoned.

Corn, to prohibit the Exportation of Bill.

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

With a Bill, intituled, “An Act to continue and amend an Act, made in the last Session of Parliament, to prohibit, for a limited Time, the Exportation of Corn, Grain, Meal, Malt, Flour, Bread, Biscuit, and Starch, and also the Extraction of Low Wines and Spirits from Wheat and Wheat Flour:” To which they desire the Concurrence of this House.

Corn, to allow the Importation of Bill.

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

With a Bill, intituled, “An Act to continue several Acts, made in the last Session of Parliament, for allowing the Importation of Wheat, Wheat Flour, Barley; Barley Meal, Pulse, Oats, Oatmeal, Rye, and Rye Meal, Duty-free, and also so much of an Act, made in the same Session, as relates to the free Importation of Rice from His Majesty's Colonies in North America, and to allow the Importation of Wheat and Wheat Flour from Africa, for a limited Time, free of Duty:” To which they desire the Concurrence of this House.

The said Two Bills were read the First and second Time.

Ordered, That the Said Bills be read a Third Time on Monday next.

Mac Clellan's Petition, claiming the Barony of Kirkcudbright.

The Lord Wycombe (by His Majesty's Command) presented to the House, a Petition of John Mac Clellan to His Majesty, chiming the Titles, Honours, and Dignity therein mentioned, with His Majesty's Reference thereof to this House, which Petition and Reference were read by the Clerk, and are as follow; (videlicet).

To the King's most Excellent Majesty.

The humble Petition of John Mac Clellan, claiming the Titles, Honours, and Dignity of Lord Kirkcudbright, in that Part of Great Britain called Scotland.

Most humbly sheweth.

That Sir Thomas Mac Clellan of Bombay Knight, (who lived about the End of the 15th Century, and Beginning of the 16th), lest Two Sons, William (afterwards Sir William), and Gilbert, the former of whom succeeded to the Family Estate of Bombay, and the latter to the Lands of Grange of Sannick, otherwise called Balmangaine, which the Father had possessed as kindly Tenant of the Crown:

That Sir Robert Mac Clellan of Bombay Knight (the eldest: Son of Thomas Mac Clellan of Bombay, who was the only Son of Thomas Mac Clellan of Bombay, the only Son of the before named Sir William Mac Clellan) was, by Letters Patent under the Great Seal of Scotland, dated 25th June 1633, created Lord Kirkcudbright; and the Honour and Dignity limited to himself and his Heirs Male carrying his Surname and Arms:

That this Robert Lord Kirkcudbright having died without Issue Male, he was Succeeded in his Honour and Dignity by his Nephew Thomas Lord Kirkcudbright, the only Son of William Mac Clellan, next Brother to the Patentee.

That Thomas the Second Lord Kirkcudbright having likewise died without Male Issue, the Title and Dignity descended to his Cousin John Third Lord Kirkcudbright, eldest Son of John Mac Clellan, youngest Brother to the first Lord:

That Thomas the Second, and John the Third Lord Kirkcudbright sat in several Parliaments, and Commissions and Committees of Parliament, and of the Estates of the Kingdom of Scotland, between the Years 1641 and 1662:

That John Lord Kirkcudbright was succeeded by his only Son William Fourth Lord Kirkcudbright, an Infant, who died soon after his Father without Issue.

That, by the Death of Lord William, the Succession to the Title and Dignity opened to his Cousin John Mac Clellan, the eldest Son of William Mac Clellan, who was the Third and youngest Son of the before named John Mac Clellan the youngest Brother of the first Lord; and this John dying soon after Under Age, and without Issue, the Succession then opened to his only Brother James Mac Clellan of Auchlane:

That James Mac Clellan being at this Time an Infant, his Guardians thought it improper for him to assume the Title and Dignity of Lord Kirkcudbright without other Succession, the whole Estate being carried off by the Creditors, of his Uncle Lord John:

That the Title of Lord Kirkcudbright stands in the Roll of Parliament made up at the Union of the Two Kingdoms, as a subsisting Peerage:

That afterwards the Said James Mac Clellan of Auchlane, assumed the Title and Dignity of Lord Kirkcudbright, and voted in that Character at the General Election of 1721:

That in February 1729, this James Lord Kirkcudbright was served and retoured as Nephew and nearest and lawful Heir to his Uncle, the said John Third Lord Kirkcudbright:

That, by the Death of the said James Lord Kirkcudbright without Issue, the whole Male Line of Sir William Mac Clellan, the eldest Son of Sir Thomas Mac Clellan (first before named) is extinct: and at an End; and the said Title, Honour and Dignity of Lord Kirkcudbright hath devolved on your Petitioner the Heir Male of the Body (by lineal Descent from eldest Son to eldest Son) of Gilbert Mac Chellan before named, the Second Son of the said Sir William Mac Clellan, and as such the undoubted Heir Male of Robert first Lord Kirkcudbright.

Your Petitioner therefore most humbly prays Your Majesty to declare and establish his Right and Title to the said Honour and Dignity of Lord Kirkcudbright, in such Manner as to Your Majesty, in Your great Wisdom, shall seem proper.

And Your Petitioner shall ever pray;

John Mac Clellan.

Whitehall, 3d December, 1767.

His Majesty, being moved upon this Petition, is graciously 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 Titles therein mentioned; and to inform His Majesty how the same shall appear to their Lordships.

“Shelburne.”

Then it being moved, “That the Standing Order, No 128, might be read;”

The said Standing Order was accordingly read by the Clerk:

Ordered, That the said Petition and Reference be referred to the Consideration of the Lords Committees for Privileges, to meet on Monday the 25th of January next, whose Lordships having considered thereof, and heard such Persons concerning the same as they shall think fit, are afterwards to report their Opinion thereupon to the House:

Ordered, That Notice thereof be given to His Majesty's Attorney General, and His Majesty's Advocate for Scotland.

Sir Robert Gordon's Petition, claiming the Earldom of Sutherland.

The Lord Wycombe also (by His Majesty's Command) presented to the House a Petition of Sir Robert Gordon Baronet, to His Majesty, claiming the Titles, Honours and Dignity of Earl of Sutherland, &c. with His Majesty's Reference thereof to this House; which Petition and Reference were read by the Clerk, and are as follow:

To the King's Most Excellent Majesty.

The humble Petition of Sir Robert Gordon Baronet, claiming the Titles, Honours and Dignity of Earl of Sutherland and Lord Strathnaver.

Most humbly sheweth.

That in 1517, or thereabouts, Adam Gordon of Aboyne, Second Son of George Earl of Huntly (having married Elizabeth Sutherland, only Sister to the last Earl of Sutherland of the Name of Sutherland, and who had succeeded to the Family Estate on the Death of her Brother) was created Earl of Sutherland and Lord Strathnaver.

That no Record, or other Evidence in Writing of the Manner and Limitations of this Creation, have hitherto been discovered; but the Titles and Dignity of Earl of Sutherland and Lord Strathnaver, with all the Privileges following such Degree of Peerage, have been constantly enjoyed and exercised by the said Adam, and his Descendants in the Male Line, from the Time of his Creation downwards:

That Adam Earl of Sutherland had, by his Wife the said Elizabeth, a Son Alexander, who died before his Father:

That Earl Adam was succeeded by his Grandson (Alexander's Son) John Earl of Sutherland, who was succeeded by his Son and Heir Alexander Earl of Sutherland, who, besides John his eldest Son and Successor, had another Son, Sir Robert Gordon of Gordonston Baronet, your Petitioner's Great Grandfather:

That, by the Death of William last Earl of Sutherland without Issue Male, the whole Male Line of the Second John Earl of Sutherland is extinct, and at an End; and the said Titles, Honours and Dignity have devolved on Your Petitioner the eldest Son of Sir Robert Gordon Baronet, who was the eldest Son of Sir Ludovic Gordon, the eldest Son of the before named Sir Robert Gordon, only Brother to the said Second John Earl of Sutherland.

Your Petitioner therefore most humbly prays Your Majesty to declare and establish his Right and Title to the said Honours and Dignity of Earl of Sutherland and Lord Strathnaver, in such Manner as to Your Majesty, in Your great Wisdom, shall seem proper.

And Your Petitioner shall ever pray.

Robert Gordon.

Whitehall, 3d December 1767.

His Majesty being moved upon this Petition, is graciously 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 Titles therein mentioned, and to inform His Majesty how the same shall appear to their Lordships.

“Shelburne.”

Ordered, That the said Petition and Reference be referred to the Consideration of the Lords Committees for Privileges, to meet on Monday the Twenty-fifth Day of January next; whose Lordships having considered thereof, and heard such Persons concerning the same as they shall think fit, are afterwards to report their Opinion thereupon to the House:

Ordered, That Notice thereof be given to His Majesty's Attorney General, and His Majesty's Advocate for Scotland.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum else usque ad et in diem Lunæ, septimum diem instantis Decembris, hora undecima Aurora, Dominis sic decernentibus.

Die Lunæ, 7o Decembris, 1767.

REX

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Duresm. Dux Gloucester. Ds. Le Despencer.
Epus. Winton. Dux Cumberland. Ds. Botetourt.
Epus. Wigorn. Ds. Camden, Cancellarius. Ds. Willoughby Br.
Epus. Carliol Dux Grafton. Ds. Willoughby Par.
Epus. Petriburg. Dux Ancaster, Magnus Camerarius. Ds. Berkeley Str.
Epus. Meneven. Dux Bridgwater. Ds. Delamer.
Comes Talbot, Senescallus. Ds. Masham.
Comes Peterborow. Ds. Bathurst.
Comes Winchilsea. Ds. Romney.
Comes Litchfield. Ds. Sandys.
Comes Coventry. Ds. Boston.
Comes Morton. Ds. Lovel & Holland.
Comes Marchmont.
Comes Tankerville.
Comes Powis.
Comes Hardwicke.
Viscount Weymouth.
Viscount Falmouth.

PRAYERS.

Corn, to prohibit the Exportation of, Bill.

The Order of the Day being read for the Third Reading of the Bill, intituled, “An Act to continue and amend an Act, made in the last Session of Parliament, to prohibit, for a limited Time, the Exportation of Corn, Grain, Meal, Malt, Flour, Bread, Biscuit, and Starch; and also the Extraction of Low Wines and Spirits from Wheat and Wheat Flour:”

The said Bill was accordingly read the Third Time.

The Question was put, “Whether this Bill mall pass?” It was resolved in the Affirmative.

Corn, to allow the Importation of, Bill.

The Order of the Day being read for the Third Reading of the Bill, intituled, “An Act to continue several Acts made in the last Session of Parliament, for allowing the Importation of Wheat, Wheat Flour, Barley, Barley Meal, Pulse, Oats, Oatmeal, Rye, and Rye Meal, Duty-free; and also so much of an Act made in the same Session as relates to the free Importation of Rice from His Majesty's Colonies in North America; and to allow the Importation of Wheat and Wheat Flour from Africa, for a limited Time, free of Duty:”

The said Bill was accordingly read the Third Time.

The Question was put, “Whether this Bill shall pass?”

It was resolved in the Affirmative.

Message to House of Commons that the Lords have agreed to the Two preceding Bills.

A Message was sent to the House of Commons by Mr. Holford and Mr. Browning:

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

Van Dam's Naturalization Bill.

The Lord Delamer reported from the Lords Committees to whom the Bill, intituled, “An Act for naturalizing Dirk Willem Van Dam,” 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 gene through the Bill, and directed him to report the same to the House, without any Amendment.”

Ordered, That the said Bill be ingrossed.

Paul to take the Name of Saint Paul.

The Lord Delamer made the like Report from the Lords Committees, to whom the Bill, intituled, “An Act to enable Mrs. Judith Paul, and her Issue, to use and take the Name of Saint Paul,” was committed:

Ordered, That the said Bill be ingrossed.

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 Gentleman Usher of the Black Rod to let the Commons know, “It is His Majesty's Pleasure, they attend Him immediately, in this House;”

Who being come, with their Speaker;

The Deputy Clerk of the Crown read the Titles of the Bills to be passed, as follow:

Bills passed.

1. An Act to continue and amend an Act, made in the last Session of Parliament, to prohibit, for a limited Time, the Exportation of Corn, Grain, Meal, Malt, Flour, Bread, Biscuit, and Starch, and also the Extraction of Low Wines and Spirits, from Wheat and Wheat Flour.”

2. An Act to continue several Acts, made in the last Session of Parliament, for allowing the Importation of Wheat, Wheat Flour, Barley, Barley Meal, Pulse, Oats, Oatmeal, Rye, and Rye Meal, Duty-free; and also so much of an Act, made in the same Session, as relates to the free Importation of Rice from His Majesty's Colonies in North America, and to allow the Importation of Wheat and Wheat Flour from Africa, for a limited Time, free of Duty.”

To these Bills the Royal Assent was severally pronounced by the Clerk Assistant in these Words; videlicet,

Le Roy le veult.”

Then His Majesty was pleased to retire.

And the Commons withdrew.

The House was adjourned during Pleasure, to unrobe.

The House was resumed.

Dr. Brooke's Divorce Bill.

The Earl of Marchmont (pursuant to an Order of Leave on Thursday last) presented to the House, a Bill, intituled, “An Act to dissolve the Marriage of Thomas Brooke, Doctor in Physick, with Harriet Nelthorpe, 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 the Second Day of meeting after the Recess at Christmas; and that Notice thereof be affixed on the Doors of this House, and the Lords to be summoned; and that the said Thomas Brooke 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 Harriet Nelthorpe may have a Copy of the said Bill; and that Notice be given her of the said Second reading, and that the be at Liberty to be heard, by her Counsel, what the may have to offer against the said Bill, at the same Time.

Bridges for an Exemplification Bill.

Upon reading the Petition of William Bridges Esquire, praying Leave to bring in a Bill for exemplifying the Will of Brooke Bridges Esquire, deceased:

It is Ordered, That Leave be given to bring in a Bill, according to the Prayer of the said Petition.

Arnold to take the Name of Wallinger, Bill.

Hodie 2a vice lecta est Billa, intituled, “An Act for continuing, establishing, and confirming the Surname and Arms of Wallinger unto John Wallinger, formerly called John Arnold, and his Issue, pursuant to the Will of John Wallinger, his late Uncle, deceased.”

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

D. Grafton. L. Bp. Durham. L. Le Despencer.
D. Ancaster. L. Bp. Winchester. L. Botetourt.
D. Bridgewater. L. Bp. Worcester. L. Willoughby Par.
Ld. Steward. L. Bp. St. Davids. L. Delamer.
E. Peterborow. L. Masham.
E. Winchilsea. L. Bathurst.
E. Litchfield. L. Romney.
E. Coventry. L. Sandys.
E. Morton. L. Boston.
E. Marchmont.
E. Powis.
E. Hardwicke.
V. Weymouth.
V. Falmouth.

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

Flack to enter into Recognizance on Lodge's Appeal.

The House being moved, “That James Medlicot Flack of Clements Inn, Gentleman, may be permitted to enter into a Recognizance for George Lodge Gentleman, on account of his Appeal depending in this House, he living in Ireland:”

It is Ordered, That the said James Medlicot Flack may enter into a Recognizance for the said Appellant, as desired.

Sir W. Dunbar et al. against Sinclair et al.

Upon reading the Petition and Appeal of Sir William Dunbar of Hempriggs Baronet, James Sinclair of Duron, Captain Thomas Dunbar late of Westfield, James Sinclair of Harpsdale, Charles Sinclair of Olrick, James Sutherland of Langwell, and Robert Sutherland younger thereof, Justices of the Peace of the County of Caithness; complaining of several Interlocutors of the Lord Ordinary in Scotland, of the 20th of June, 1st, 3d, 15th, and 17th of July, and 6th and 11th of August 1767; and praying, “That the same may be reversed, altered, or amended, or that the Appellants may have such Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that John Sinclair younger of Treswick, John M'Beath, and William Thompson may be required to answer the said Appeal:”

It is Ordered, That the said John Sinclair, John M'Beath, and William Thompson, may have a Copy of the said Appeal, and do put in their Answer, or respective Answers, thereunto, in Writing, on or before Monday the 5th Day of January next; and Service of this Order upon any of the Procurators or Agents of the said Respondents, in the said Court of Session in Scotland, shall be deemed good Service.

Johnston et al. against Young et al.

Upon reading the Petition and Appeal of Andrew Johnston of Rennybill, Charles Robb, and others, Magistrates and Counsellors of the Borough of Easter Anstruther, complaining of Two Interlocutors of the Lords of Session in Scotland, of the 7th of August, and 13th of November 1767; and praying, “That the same may be reversed, varied, or altered, 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 Alexander Young, Thomas Smith, Robert Brydges, George Dairsie, Robert Brown, Thomas Scott, and John Smith, may be required to answer the said Appeal:”

It is Ordered. That the said Alexander Young, Thomas Smith, Robert Brydges, George Dairsie, Robert Brown, Thomas Scott, and John Smith, may have a Copy of the said Appeal, and do put in their Answer, or respective Answers thereunto, in Writing, on or before Monday the 5th, Day of January next; and Service of this Order upon the Procurators or Agents of the said Respondents, in the said Court of Session in Scotland, shall be deemed good Service.

Sir John Anstruther against Maxwell.

Upon reading the Petition and Appeal of Sir John Anstruther Baronet, complaining of Two Interlocutors of the Lord Ordinary in Scotland, of the 10th of February and 20th June 1767; and also of Two Interlocutors of the Lords of Session there, of the 30th of July, and 13th of November 1767; and praying, That the same may be reversed, varied, or altered, or that the Appellant may have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that David Maxwell of Cardness Esquire, may be required to answer the said Appeal:”

It is Ordered, That the said David Maxwell may have a Copy of the said Appeal, and do put in his Answer thereto, in Writing, on or before Monday the 4th Day of January next; and Service of this Order upon the said Respondent, or upon any of his known Agents or Procurators in, the Court of Session in Scotland, shall be deemed good Service.

Laing against Ramsay et al.

Upon reading the Petition and Appeal of James Laing Innkeeper and Land Labourer in Pittenweem, complaining of an Interlocutor of the Lords of Session in Scotland, of the 14th of February 1767; and praying, “That the same may be reversed, varied, or altered, or that the Appellant may have such Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that Peter Ramsay, Andrew Wilson, John Browm, Robert Dick, Colin Fowler, John Henderson Thomas Martin, William Morrison, James Balleardie, William Taite, James Martin senior, James Martin junior, William Martin, Alexander Anderson, Robert Ramsay, David Lawson, David Bowman, Robert Stevenson, Alexander Hamilton, James Thomson, William Melvill, Thomas Davidson, Thomas Watson, Thomas Balleardie, and John Durke, may be required to answer the said Appeal:”

It is Ordered, That the said Peter Ramsay, and the said several Persons last named, may have a Copy of the said Appeal, and do put in their Answer, or respective Answers thereunto, in Writing, on or before Monday the 5th Day of January next; and Service of this Order upon the Agents or Procurators of the said Respondents, in the said Court of Session in Scotland, shall be deemed good Service.

Ponsonby against Adams et al.

Upon reading the Petition and Appeal of William Carrique Ponsonby Esquire, complaining of a Decree of the Court of Exchequer in Ireland, of the 3d Day of February 1767; and praying, “That the same may be reversed, or that the Appellant may have such Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that Prudence Adams, Samuel Adams, and Roger Adams, may be required to answer the said Appeal:”

It is Ordered, That the said Prudence Adams, Samuel Adams, and Roger Adams, may have a Copy of the said Appeal, and do put in their Answer, or respective Answers thereunto, in Writing, on or before Monday the 12th Day of January next; and Service of this Order upon the Attornies, or Agents of the said Respondents, in the said Court of Exchequer in Ireland, shall be deemed good Service.

D. Bedford and Marchioness of Tavistock's Petition referred to Judges.

Upon reading the Petition of the most Noble John Duke of Bedford, and the most Honourable Elizabeth Marchioness of Tavistock, the Widow and Relict of the most Honourable Francis Russell Marquis of Tavistock lately deceased; praying Leave to bring in a Bill to authorize and empower the Petitioners, or the Survivor of them, to grant Leases of several Estates in the Petition mentioned, during the Minority of the Infant Children of the said Marchioness of Tavistock:

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 Smythe 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.

D. Ancaster takes the Oaths.

Peregrine Duke of Ancaster and Kesteven, Lord Great Chamberlain of England, took the Oaths, and made and subscribed the Declaration; and also took and subscribed the Oath of Abjuration, pursuant to the Statutes; his Grace having first delivered a Certificate of his receiving the Sacrament, to the Truth whereof Witnesses were sworn and examined.

Appeals left with the Clerk, to be read next Sitting Day.

It being proposed to adjourn beyond the Time limited by their Lordships Standing Order, for presenting Appeals (being Fourteen Days from the First Day of every Session):

It is Ordered, That all such Appeals as shall be left at the Parliament Office, with the Clerk, within the Time limited by the said Standing Order, during the Adjournment of the House, (fn. 1) be read the First Sitting Day of the House.

Adjourn.

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

Die Mercurii, 9o Decembris 1767.

Domini tam Spirituales quam Temporales præsentes, fuerunt:

Epus. Winton. Ds. Camden. Ds. Wycombe, Unus Primariorum Secretariorum;
Epus. Bath. & Wells. Cancellarius. Ds. Botetourt.
Epus. Wigorn. Dux Grafton. Ds. Willoughby Br.
Epus. Petriburg. Dux Bolton. Ds. Willoughby Par.
Epus. Meneven. Dux Bridgewater. Ds. Delamer.
March. Rockingham. Ds. Trevor.
Comes Winchilsea. Ds. Ducie.
Comes Cholmondeley. Ds. Sandys.
Comes Breadalbane. Ds. Harwich.
Comes Abercorn. Ds. Lyttelton.
Comes Loudoun. Ds. Boston.
Comes Marchmont. Ds. Lovel & Holland.
Comes Tankerville. Ds. Sundridge.
Comes Kerr.
Comes Effingham.
Comes Powis.
Comes Hardwicke.
Viscount Weymouth.

PRAYERS.

Speirs against Peters.

The Answer of Thomas and Alexander Peter to the Appeal of Alexander Speirs, and others, was this Day brought in:

Dunbar against Sinclair et al.

And also, The Answer of Mr. John Sinclair, and others, to the Appeal of Sir William Dunbar Baronet, and others.

Capel et Ux. against M'Carthy et al.

After hearing Counsel upon the Petition and Appeal of Joseph Capel, late a Captain in His Majesty's 28th Regiment of Foot, and now of Cloghroe, in the County of Corke, and Kingdom of Ireland Esquire, and Elizabeth Capel, otherwise M'Carthy, his Wife; which said Elizabeth is only Sister and Heir at Law of Justin M'Carthy Esquire deceased; complaining of a decretal Order of the Court of Chancery in Ireland, of the 3d Day of February 1767; and praying, “That the same might be reversed or altered, or that the Appellants might have such Relief in the Premises, as to this House, in their Lordships great Wisdom, should seem meet:” As also upon the Answer of Charles M'Carthy, Edward Herbert Esquires, Henry Shears, Michael M'Carthy, Justin M'Carthy, Edward Vaughan, John Galway, and Denis M'Carthy, put in to the said Appeal, and due Consideration had of what was offered on either Side in this Cause:

Decretal Order affirmed.

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

Hunter against Shepherd et al.

Upon reading the Petition and Appeal of James Hunter, complaining of a Decree of the Court of Chancery of the 30th Day of June 1767, made in a certain Cause, wherein John Shepherd Gentleman, Thomas Rayner, and Joseph Royle, were Plaintiffs, and Sir Thomas Pym Hales Baronet, Ignatius Geoghegan Esquire, William Houghham Esquire, Charles Abbott, James Hunter, and Abraham Rye, were Defendants; and praying, “That the same may be reversed, or that the Appellants may have such Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that John Shepherd, Thomas Rayner, and Joseph Royle, may be required to answer the said Appeal:”

It is Ordered, That the said John Shepherd, Thomas Rayner, and Joseph Royle, may have a Copy of the said Appeal, and do put in their Answer, or respective Answers thereunto, in Writing, on or before Wednesday, the 23d Day of this instant December.

Gordon, against Adolphus el al.

Upon reading the Petition and Appeal of the Honorable Lockhart Gordon, complaining of a Decree of the Court of Chancery of the 23d Day of February 1767, made in a certain Cause wherein Jacob Adolphus, Galley Adolphus, Myra Adolphus, Helena Adolphus, Susanna Adolphus, Jacobit Adolphus, and Semela Adolphus, Spinsters, Children of Joy Adolphus, late of Cleves in the Dominions of the King of Prussia, but late of London, Doctor in Physick, Infants, by David Waag, their next Friend, Gotfrit Lucas and Solomon Henry, on Behalf of themselves and other the Creditors of the said Doctor Joy Adolphus, were Plaintiffs; and Michael Adolphus, Aaron Franks, and Joseph Martin, Esquires, the Honorable Lockhart Gordon, Administrator of Isabella Gordon, formerly Lucas, his late Wife, Judy Levy Widow and Administratrix of Elias Levy deceased, with his Will annexed; John Lade Esquire and Hesler his Wife, Executrix of Edward Hobdy deceased, were Defendants; and praying, “That the same may be reversed, or that the Appellant may have such Relief in the Premises as to this House, in their Lordships great wisdom, shall seem meet; and that Jacob Adolphus, Galley Adolphus, Myra Adolphus, Helena Adolphus, Susanna Adolphus, Jacobit Adolphus, Semela Adolphus, Infants, by David Waag, their next Friend, Gotfrit Lucas, Solomon Henry, Michael Adolphus, Aaron Franks, Joseph Martin, Judy Levy, John Lade, and Hester his Wife, may be required to answer the said Appeal:”

It is Ordered, That the said Jacob Adolphus, and the said several Persons last named may have a Copy of the said Appeal; and do put in their Answer or respective Answers thereunto, in Writing, on or before Wednesday the 23d Day of this instant December.

Alexander against Chrystie.

Upon reading the Petition and Appeal of Robert Alexander Esquire, complaining of Two Interlocutors of the Lords of Session in Scotland of the 11th and 25th of February 1767; and praying, “That the same may be reversed, or that the Appellant may have such Relief in the Premises as to this House, in their Lordships great Wisdom, shall seem meet; and that James Chrystie may be required to answer the said Appeal:”

It is Ordered, That the said James Chrystie may have a Copy of the said Appeal, and do put in his Answer thereto, in Writing, on or before Wednesday the 6th Day of January next; and Service of this Order upon the Procurators or Agents of the said Respondent, in the said Court of Session in Scotland, shall be deemed good Service.

Heron against Heron.

Upon reading the Petition and Appeal of Doctor Andrew Heron Physician, complaining of Two Interlocutors, of the Lords of Session in Scotland of the 24th of June 1766, and 17th of November 1767; and praying, “That the same may be reversed, or that the Appellant may have such Relief in the Premises as to this House, in their Lordships great Wisdom, shall seem meet and that John Vining Heron may be required to answer the said Appeal:”

It is Ordered, That the said John Vining Heron may have a Copy of the said Appeal, and do put in his Answer thereto, in Writing, on or before Wednesday the 6th Day of January next; and Service of this Order upon the Procurators or Agents of the said Respondent, in the said Court of Session in Scotland, shall be deemed good Service.

Spottiswoode to enter into Recognizance on Laing's Appeal.

The House being moved, “That John Spottiswoode of the Inner Temple, Gentleman, may be permitted to enter into a Recognizance for James Laing, 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.

Spottiswoode to enter into Recognizance on Fairie's Appeal.

The House being moved, “That John Spottiswoode Gentleman, may be permitted to enter into a Recognizance for James Fairie, 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.

Spottiswoode to enter into Recognizance on Brown's Appeal.

The House being moved, “That John Spottiswoode Gentleman, may be permitted to enter into a Recognizance for William Brown, 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.

Spottiswoode to enter into Recognizance on Sir William Dunbar's Appeal.

The House being moved, “That John Spottiswoode Gentleman, may be permitted to enter into a Recognizance for Sir William Dunbar Baronet, 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.

Spottiswoode to enter into Recognizance on Johnstone's Appeal.

The House being moved, “That John Spottiswoode may be permitted to enter into a Recognizance for Andrew Johnstone, 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.

Sir William Dunbar against Sinclair.

The House being moved, “That a Day may be appointed for hearing the Cause wherein Sir William Dunbar Baronet is Appellant, and John Sinclair Esquire is Respondent:”

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on the first vacant Day for Causes after those already appointed.

Davidson to enter into Recognizance onCairncross's Appeal.

The House being moved, “That Henry Davidson Gentleman, may be permitted to enter into a Recognizance for William Cairncross, on account of his Appeal depending in this House, he living in Scotland:”

It is Ordered, That the said Henry Davidson may enter into a Recognizance for the said Appellant, as desired.

Arnold to take he Name of Wallinger, Bill.

The Lord Delamer reported from the Lords Committees, to whom the Bill, intituled, “An Act for continuing, establishing and confirming the Surname and Arms of Wallinger unto John Wallinger, formerly called John Arnold, and his Issue, pursuant to the Will of John Wallinger, his late Uncle, 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.

Van Dam's Naturalization Bill.

Hodie 3a vice lecta est Billa, intituled, “An Act for naturalizing Dirk Willem Van Dam.

The Question was put, “Whether this Bill shall pass?”

It was Resolved in the Affirmative.

Paul to take the Name of Saint, Bill.

Hodie 3a vice lecta est Billa, intituled, “An Act to enable Judith Paul; and her Issue, to use and take the Name of Saint Paul.

The Question was put, “Whether this Bill shall pass?”

It was Resolved in the Affirmative.

Message to H. C. with the Two preceding Bills.

A Message was sent to the House of Commons by Mr. Browning and Mr. Anguish, to carry down the said Bills, and desire their Concurrence thereto.

Cause put off.

Ordered, That the Cause which stands so hearing on Friday next, be put off to Monday next.

Salted Provisions, free Importation of, Bill.

A Message was brought from the House of Commons by the Lord Clare, and others:

With a Bill, intituled, “An Act to permit the free Importation of Salted Meat and Butter, for a limited Time:” To which they desire the Concurrence of this House.

Adjourn.

Dominus Cancellarius declaravit præfens Parliamentum continuandum esse usque ad et in diem Lunæ, decimum quartum diem instantis .Decembris, hora undecima Auroræ, Dominis tie decernentibus.

Footnotes

1 Origin to.