House of Lords Journal Volume 31: January 1765, 21-31

Die Lun, 21^oJanuarii.

Domini tam Spirituales quam Temporales prsentes fuerunt:

PRAYERS.

The Lord Mansfield sat Speaker.

His Majestys Advocate against M^cIntosh.

The Answer of Eneas M^cIntosh to the Appeal of His Majestys Advocate for Scotland, was this Day brought in:

Barton against Barton.

As was also, the Answer of William Barton the Elder, Grace Barton his Wife, and Thomas Barton and William Barton the Younger their Sons, to the Appeal of Thomas Barton the Elder, Merchant.

Warden of New College. Oxford, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of the Warden and Scholars of the College of Saint Mary of Winchester in Oxford, commonly called New College; praying Leave to bring in a Private Bill, for the Purposes therein mentioned:

It 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 annexing the Rectory of Colerne, in the County of Wilts, to the College of Saint Mary of Winchester in Oxford.

His Majestys Message about the Maintenance of French Prisoners, considered.

The House (according to Order) proceeded to take into Consideration His Majestys most Gracious Message to this House, on the 15th Instant.

And the same was read by the Clerks:

The Translation of a Copy of a Declaration made by Order of His Most Christian Majesty, containing a Proposal for the speedy Settlement of the Accompts concerning the Subsistence and Maintenance of Prisoners of War, and for the Discharge of the Balance due thereon, dated the 5th of January 1765, was also read.

And Consideration being had thereof:

Ordered, Nemine Contradicente, by the Lords Spiritual and Temporal in Parliament assembled, That an humble Address be presented to His Majesty, To return His Majesty the Thanks of this House, for His most Gracious Message; and to represent to His Majesty, That, having taken into our Consideration the Proposal contained in the Declaration made by the French Ambassador, by Order of his Court, together with the Nature and State of the Accompts which His Majesty has been graciously pleased to communicate to us, and the Difficulties and Delays with which a compleat Examination and Adjustment of them would probably be attended; we are humbly of Opinion, that it will be most advisable for His Majesty to accept the Proposal contained in the said Declaration of the French Ambassador, for the more speedy Satisfaction of His Majestys Demands on the Court of France for the Subsistence and Maintenance of French Prisoners of War.

Committee to prepare an Address.

The Lords following were appointed a Committee, to Committee to prepare an Address, pursuant to the said Order; videlicet,

Their Lordships, or any Five of them; to meet immediately, in the Princes Lodgings near the House of Peers; and to adjourn as they please.

The House was adjourned during Pleasure; and the Committee withdrew, to prepare the Address.

After some Time, the House was resumed.

And the Earl of Halifax reported from the Committee an Address drawn by them, as follows:

Address reported, and agreed to.

Most Gracious Sovereign.

We, Your Majestys most dutiful and loyal Subjects, the Lords Spiritual and Temporal in Parliament assembled, beg Leave to return Your Majesty our sincere Thanks, for Your most Gracious Message; and humbly to assure Your Majesty, that, having taken into our Consideration the Proposal contained in the Declaration made by the French Ambassador, by Order of his Court, of the 5th of this Instant January, together with the Nature and State of the Accompts which Your Majesty has been graciously pleased therewith to communicate to us, and the Difficulties and Delays with which a compleat Examination and Settlement of them would probably be attended; we are humbly of Opinion, that it will be most advisable for Your Majesty to accept the Proposal contained in the said Declaration of the French Ambassador, for the more speedy Satisfaction of Your Majestys Demands on the Court of France for the Subsistence and Maintenance of French Prisoners of War.

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

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

Petitions for Private Bills, Time limited for receiving.

Ordered, That this House will not receive any Petition for a Private Bill, during this Session, after Monday the 18th Day of February next.

Barton against Barton.

The House being moved, That a Day may be appointed, for hearing the Cause wherein Thomas Barton the Elder of the City of (fn. 1) Bourdeau in the Kingdom of France Merchant is Appellant, and William Barton 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.

Bayne to enter into a Recognizance on the Appeal of Blair & al.

The House being moved, That John Bayne of York Street St. Jamess Square may be permitted to enter into a Recognizance for Alexander Blair and others, on account of their Appeal depending in this House; they living in Scotland:

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

Wilson to enter into a Recognizance on Spaldings Appeal.

The House being moved, That John Wilson of The Inner Temple Gentleman may be permitted to enter into a Recognizance for Alexander Spalding, on account of his Appeal depending in this House; he living in Scotland:

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

Adjourn.

Dominus Mansfield, Capitalis Justiciarius Banci Regii, declaravit prsens Parliamentum continuandum esse usque ad et in diem Mercurii, vicesimum tertium diem instantis Januarii, hora undecima Auror, Dominis sic decernentibus.

Die Mercurii, 23^o Januarii.

Domini tam Spirituales quam Temporales prsentes fuerunt:

PRAYERS.

The Lord Mansfield sat Speaker.

Gordon against Levy.

The Answer of Judy Levy, One of the Respondents to the Appeal of the Honourable Lockhart Gordon, Administrator of Isabella Gordon, formerly Levy, his late Wife, deceased, was this Day brought in.

Warden of New College, Oxford, Bill.

Hodie 2^a vice lecta est Billa, intituled An Act for annexing the Rectory of Colerne, in the County of Wilts, to the Office of Warden of the College of Saint Mary of Winchester, in Oxford.

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

Their Lordships, or any Five of them; to meet on Thursday the 7th Day of February next, at Ten oClock in the Forenoon, in the Princes Lodgings near the House of Peers; and to adjourn as they please.

Whaley against Bagenal:

The House was informed, That Thomas Butler attended, in order to deliver in Copies of Pleadings and Proceedings relating to a Cause depending in this House, wherein Richard Chapel Whaley Esquire is Appellant, and Beauchamp Bagenal Esquire is Respondent.

Pleadings proved.

And thereupon he was called in, and delivered the same at the Bar; and attested upon Oath, They were true Copies, he having examined them with the Originals in the proper Offices in Ireland.

And then he was directed to withdraw.

Importation of Provisions from Ireland, Bill;

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

With a Bill, intituled, An Act for Importation of Salted Beef, Pork, Bacon, and Butter, from Ireland, for a limited Time; to which they desire the Concurrence of this House.

Read Twice and committed.

Hodie 1^a & 2^a vice lecta est Billa, intituled, An Act for Importation of Salted Beef, Pork, Bacon, and Butter, from Ireland, for a limited Time.

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

Ordered, That the House be put into a Committee upon the said Bill To-morrow; and the Lords to be summoned.

D. of Hamilton & al. against Cochrane; Order for a Reference.

This Day being appointed, for hearing the Cause wherein George James Duke of Hamilton and Brandon and his Tutors, for their Interest, and James Pinkerton in Mains of Fairninise, and William Pinkerton, Sons of the deceased James Pinkerton Tenant in Chappell, and Barbara Griffin Relict of the said James Pinkerton, are Appellants, and John Cochrane is Respondent, being an Appeal from several Interlocutors of the Lords of Session in Scotland:

Counsel were accordingly called in.

And the Counsel for the Appellants acquainted the House, That the Parties were come to an Agreement, which was reduced into Writing; and that it was desired the same might be made an Order of this House.

And the Counsel for the Respondent consenting to What was proposed:

The said Written Agreement was read, at the Bar.

And being then delivered to the Clerk, the Counsel were directed to withdraw.

And being withdrawn;

The Agreement was read, at the Table.

And Consideration being had thereof:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled (according to the said written Agreement), That the whole Matters in Dispute between the Parties be referred to the Determination of the Honourable Charles Yorke and the Lord Advocate for Scotland, with Power to them to choose an Umpire; and that their Award shall be final, if made within Six Months.

The Kings Answer to Address about the Maintenance of French Prisoners.

The Lord Chamberlain reported, That the Lords with White Staves had (according to Order) presented to His Majesty their Lordships Address of Monday last; and that His Majesty was pleased to receive the same very graciously, and to say, That He would give the necessary Orders for signifying to the Court of France, His Acceptance of the Proposal contained in the Declaration made by the French. Ambassador, for Satisfaction of His Majestys Demands on account of the Subsistence and Maintenance of French Prisoners of War.

Adjourn.

Dominus Mansfield, Capitalis Justiciarius Band Regii, declaravit prsens Parliamentum continuandum esse usque ad et in diem Jovis, vicesimum quartum diem instantis Januarii, hora undecima Auror, Dominis sic decernentibus.

Die Jovis, 24^o Januarii.

Domini tam Spirituales quam Temporales Prsentes fuerunt:

PRAYERS.

The Lord Mansfieldsat Speaker.

Bridges against Shirley & al.

The Answer of Lewis Shirley and Mary his Wife and Ann Craven, to the Appeal of William Bridges Esquire, was this Day brought in.

Damer against E. of Inchiquin & al.

Upon reading the Petition and Appeal of John Damer Esquire; complaining of a Decree of the Court of Chancery in Ireland, of the 16th of June 1760, and of another Decree of the same Court, of the 22d of May 1764, made in certain Causes, wherein the Right Honourable William Earl of Inchiquin of the Kingdom of Ireland and others were Plaintiffs, and the Appellant was Defendant, et contra; and praying, That the same may be reversed, or that the Appellant may have such Relief in the Premises as to their Lordships in their great Wisdom shall seem meet; and that the said William Earl of Inchiquin, James Earl of Kildare of the said Kingdom of Ireland, Robert French and Edward Nicholson Esquires, may be required to answer the said Appeal:

It is Ordered, That the said William Earl of Inchiquin, James Earl of Kildare, Robert French, and Edward Nicholson, 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 28th Day of February next; and Service of this Order upon the said Respondents or on their Clerk in Court, or Solicitor, shall be deemed good Service.

VOL. XXXI.

Young against Scott Nisbet & al.; to revive his Appeal against the Widow and Trusters of One of the Respondents who is dead.

Upon reading the Petition of John Young of Newhall Esquire, Appellant in a Cause depending in this House, Wherein John Scott Nisbet Esquire and others are Respondents; setting forth, That the said John Scott Nisbet died lately, whereby the said Appeal is abated; and therefore praying, That the said Appeal may stand revived against Margaret Scott Nisbet his Widow, and Chambre Lewis Father of the said Margaret, and Thomas Todd, Trustees named by the said John Scott Nisbet, and Who have accepted the said Trust, for Behoof of his said Widow and children; and that they be made Respondents thereto:

It is Ordered, That the said Appeal do stand revived against the said Margaret Scott Nisbet and the said Trustees; and that they be made Respondents, and do put in their Answer or respective Answers to the said Appeal forthwith.

Erskine to amend his Appeal.

Upon reading the Petition of Thomas Erskine of Alloa (commonly called Lord Erskine) and John Erskine of Balgounie, Esquires; setting forth That the Petitioners exhibited their Appeal to their Lordships, from certain Interlocutors of the Lords of Session in Scotland; but, before their Lordships Order for answering the said Appeal was served upon the Respondents, the Court of Session proceeded further in the said Cause, and pronounced another Interlocutor upon the 7th Day of March 1764; and praying. In regard the Petitioners conceive themselves aggrieved by the last-mentioned Interlocutor, that they may be at Liberty to amend their said Appeal, by adding the said Interlocutor thereto:

It is Ordered, That the Petitioners be at Liberty to amend their said Appeal, by adding the said Interlocutor of the 7th of March1764; they amending the Respondents Copy.

Lady Mary Herbert against E. of Powis & al.

Upon reading the Petition and Appeal of the Right Honourable the Lady Mary Herbert, One of the Daughters of the most Noble William late Marquis of Powis, deceased; complaining of an Order of the Court of Chancery, of the 11th of December 1764, made in a Cause wherein the Appellant was Plaintiff, and the Right Honourable Henry Arthur Earl of Powis and Barbara Countess of Powls his Wife, Thomas, Wyld, Robert Pardoe, Edward Herbert Esquire, and James Barker Son and Heir of James Barker deceased, were Defendants; and praying, That the same may be reversed, or that the Appellants may have such other Relief in the Premises as to their Lordships shall seem meet; and that the said Henry Arthur Earl of Powis and Barbara Countess of Powis his Wife, Thomas Wyld, Robert Pardoe, Edward Herbert, and James Barker, may be required to Answer the said Appeal.

It is Ordered, That the said Henry Arthur Earl of Powis and Barbara Countess of Powis his Wife, Thomas Wyld, Robert Pardoe, Edward Herbert, and James Barker, 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 February next.

Lang's Nat. Bill.

A Message Was brought from the House of Commons, by Mr. Mawbey and others:

With a Bill, intituled, An Act for naturalizing Luder Lang; to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Importation of Provisions from Ireland, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee on the Bill, intituled, An Act for Importation of Salted Beef, Pork, Bacon, and Butter, from Ireland, for a limited Time.

After some Time, the House was resumed.

And the Lord Botetourt reported from the Committee, That they had gone through the Bill, and directed him to report the same to the House, without any Amendment.

Committe to consider of the Causes of the Dearness of Provisions.

Ordered, That all the Lords who have been present this Session be appointed a Committee, to consider of the Causes of the present Dearness of Provisions, and of the proper Remedies for the same; and to report their Opinion thereupon; from Time to Time, to the House.

Their Lordships, or any Five of them; to meet on Monday next, at Ten oClock in the Forenoon, in the Princes Lodgings near the House of Peers; and to adjourn as they please.

Importation of Provisions from Ireland Bill:

Hodie 3^a vice lecta est Billa, intituled, An Act for Importation of Salted Beef, Pork, Bacon, and Butter, from Ireland, for a limited Time.

The Question was put, Whether this Bill shall pass ?

It was Resolved in the Affirmative.

Message to H.C. that the Lords have agreed to it.

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

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

Adjourn.

Dominus Mansfield, Capitalis Justiciarius Banci Regii, declaravit prsens Parliamentum continuandum essusque ad et in diem Veneris, vicesimum quintum diem instantis Januarii, hora undecima Auror Dominis sic decernentibus.

Die Veneris, 25^o Januarii.

Domini tam Spirituales Quam Temporales prsentes fuerunt:

PRAYERS.

The Lord Mansfield sat Speaker.

His Majestys Advocate against D. of Gordon & al.:

Upon reading the Petition of His Majestys Advocate for Scotland, Appellant in a Cause depending in this House, wherein his Grace the Duke of Gordon and others are Respondents, which stands appointed for Hearing; praying, In regard the Subject-matter of the Appeal is under an Accommodation between the Parties, that their Lordships would be pleased to put off the Hearing of this Cause till the next Session of Parliament; the Agent for the Respondent having signed the said Petition, as consenting thereto:

Hearing put off till next Session.

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

Morgan & al. against E. of Winchilsea & 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; setting forth, That the Petitioners, in February 1764, exhibited their Bill in the Court of Chancery against the Respondents, to enforce a specifick Performance of an Agreement between them, bearing Date the 13th of March 1761; and thereupon their Lordships were pleased, on the 1st of March 1764, to order that the Hearing of this Cause should be put off till the then next Session of Parliament; and praying, In regard the said Cause is now again near coming on to be heard before their Lordships, and the said Suit in Chancery is still pending, that their Lordships Would be pleased to put off the Hearing of the said Cause till the next Session of Parliament; the Agent for the Respondents having signed the said Petition, as consenting thereto:

Hearing put off till next Session.

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

Gordon against Levy & al.

The House being moved, That a Day may be appointed, for hearing the Cause wherein the Honourable Lockbart Gordon is Appellant, and Judy Levy 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.

Hamilton against Clements & al.

The House being moved, That a Day may be appointed, for hearing the Cause wherein Richard Hamilton Esquire and others are Appellants, and Nathaniel Clements Esquire and others are Respondents:

Hearing appointed.

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.

Wilson to enter into Recognizance on Damers Appeal.

The House being moved, That George Wilson of Symonds Inn Gentleman may be permitted to enter into a Recognizance for John Damer Esquire, on account of his Appeal depending in this House; he living in Ireland:

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

Ly. Dowager Forbes & al. against Ld. Forbes.

After hearing Counsel in Part, in the Cause wherein Dorothea Lady Dowager of Forbes and others are Appellants, and (fn. 2)James Lord Forbes is Respondent:

It is Ordered, That the further Hearing of the said Cause be adjourned till Monday next.

Jager, Leave for a Nat. Bill:

Upon reading the Petition of Dirk Jager of the City of London Merchant; praying, That Leave may be given to bring in a Bill for his Naturalization:

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

Bill read.

Accordingly, the Lord Boston presented to the House, a Bill, intituled, An Act for naturalizing Dirk Jager of the City of London Merchant.

The said Bill was read the First Time.

Adjourn.

Dominus Mansfield, Capitalis Justiciarius Banci Regii, declaravit prsens Parliamentum continuandum esse usque ad et in diem Lun, vicesimum octavum diem instantis Januarii, hora undecima Auror, Dominis sic decernentibus.

Die Lun, 28^o Januarii

REX.

Domini tam Spirituales quam Temporales prsentes fuerunt:

PRAYERS.

The Lord Mansfield sat Speaker.

The House was adjourned during Pleasure, to robe.

The House was resumed.

The King 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 Majestys Pleasure they attend Him immediately, in this House.

Who being come, with their Speaker;

The Deputy Clerk of the Crown read the Title of the Bill to be passed, as follows; videlicet.

Irish Provision Bill Passed.

1. An Act for Importation of Salted Beef, Pork, Bacon, and Butter, from Ireland, for a limited Time.

To this Bill the Royal Assent was 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.

Westminster Bridge Accompts delivered.

The House being informed, That Mr. Seddon, from the Commissioners of Westminster Bridge, attended:

He was called in; and delivered, at the Bar, pursuant to the Directions of several As of Parliament, Two Books; containing,

A State of the Proceedings of the Commissioners for building Westminster Bridge, from the 16th Day of November 1763, to the 16th Day of January 1765, inclusive.

Accompts of the Treasurer to the Commissioners for building Westminster Bridge, from the 1oth Day of October 1763, to the 10th Day of October 1764; together with a Rent Roll, and an Accompt of Bridge Rents received, from 5th July 1763, to 5th July 1764.

And then he was directed to withdraw.

And the Titles thereof being read by the Clerk:

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

Ly Dowager Forbes & al. against L. Forbes

After hearing Counsel further, in the Cause wherein the Lady Dorothea Lady Dowager of Forbes and others are Appellants, and James Lord Forbes is Respondent:

It is Ordered, That the further Hearing of the said Cause be adjourned till To-morrow.

Brebner against Creditors of the forfeited Estate of Sir Wm Gordon.

Upon reading the Petition and Appeal of Alexander Brebner of Pitgavenie; complaining of Six Orders of the Court of Exchequer in Scotland, of the 22^d of February, 28th of June, 3d and 11th of August, and 23d of November, 1764, and 16th of January1765; and also of Letters of Horning issued by the said Court, on or about the 5th of December 1764; and praying, That the same may be reversed, varied, or amended, or that the Appellant may have such Relief in the Premises as to their Lordships in their great Wisdom shall seem just; and that the Creditors upon the forfeited Estate of the late Sir William Gordon of Park may be required to Answer the said Appeal:

It is Ordered, That the said Creditors upon the forfeited Estate of the late Sir William Gordon of Park 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 25th Day of February next; and Service of this Order upon the said Creditors or their Agent or Agents, Attorney or Attornies, in the said Court of Exchequer in Scotland, shall be deemed good Service.

Adjourn.

Dominus Mansfield, Capitalis Justiciarius Band Regii, declaravit prsens Parliamentum continuandum esse usque ad et in diem Martis, vicesimum nonum diem instantis Januarii, hora undecima Auror, Dominis sic decernentibus.

Die Martis, 29^o Januarii.

Domini tam Spirituales quam Temporales prsentes fuerunt:

PRAYERS.

The Lord Mansfield sat Speaker.

Young against Scott Nisbet & al.

The Answer of Margaret Scott Nisbet, Widow of John Scott Nisbet deceased, Chambre Lewis, and Thomas Todd, Disponees of the said John Scott Nisbet, and Trustees appointed by him for his said Widow and Children, to the amended Petition and Appeal of John Young of Newhall Esquire, was this Day brought in.

Ly. Dowager Forbes & al. against Ld.Forbes.

After hearing Counsel, as well on Friday last as Yesterday and this Day, upon the Petition and Appeal of Dorothea Lady Dowager of Forbes, Mrs Jean Maria Forbes, Daughter of the deceased William Lord Forbes, and Wife of Captain James Dundas of Dundas, and the said Captain James Dundas for his Interest, and Doctor John Gregory Physician in Aberdeen, as having Right from Mrs. Elizabeth Forbes, also Daughter of the deceased William Lord Forbes, his Wife, now deceased; complaining of Two Interlocutors of the Lord Ordinary in Scotland, of the 5th of July and 15th of December 1762; and also of Two Interlocutors of the Lords of Session, of the 19th of January and 15th of February 1763; and praying, That the same might be reversed, varied, or altered; or that the Appellants might have such other Relief in the Premises as to their Lordships should seem just: As also upon the Answer of James Lord Forbes put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Interlocutors reversed in Part, and Directions given.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said reversed in Interlocutor of the Lord Ordinary of the 5th of 1762, and the said Interlocutor of the 15th of December following.following, adhering thereto, be, and the same are hereby, reversed: And it is hereby Declared and Adjudged, That the Respondent is liable, as Heir, cum Beneficio Inventarii, to any Feu Duties, Entry Money, or Casualties of Superiority, paid to, or received by, his Father the late Lord Forbes: And it is hereby further Ordered and Adjudged, That so much of the said Interlocutor of the 19th of January 1763, as sustains the Reasons of Reduction pleaded by Lord Forbes, of the additional Provision of One Thousand Pounds Sterling, by Lady Forbes, to the Younger Children, in 1752, be, and the same is hereby, reversed, without Prejudice to the Question concerning the Interest thereof, and the Time from which the same should commence: And it is hereby further Ordered and Adjudged, That so much of the said Interlocutor of the 15th of February 1763, as finds that Lord Forbes is not accountable for any Part of the Rents of the said Lands prior to the Date of the said Interlocutor, and also so much as confines the Accompt of the Feu Duties and Casualties to be taken from the Date of the Summons only, be, and the same is hereby, reversed: And it is hereby Declared and Adjudged, That the Appellant Lady Forbes is entitled to an Accompt of all the said Rents, Feu Duties, and Casualties, paid to, or received by, the Respondents Father, after her Right accrued: And it is further Ordered and Adjudged, That the said Two last-mentioned Interlocutors, in all other respects, be, and the same are hereby, affirmed: And it is hereby further Ordered, That the said Court of Session do give all proper and necessary Directions for carrying this Judgement into Execution.

Notice of the Sitting of the Committee touching the Dearness of Provisions, &c. to be affixed on the Doors of this House, &c.

The Earl of Abercorn, from the Lords Committees, appointed to consider of the Causes of the present Dearness of Provisions, and of the proper Remedies for the same, acquainted the House, That their Lordships, having agreed to sit upon Tuesday and Friday in every Week, had directed him to move the House, to order, that Notice thereof be affixed on the Doors of this House and Westminster Hall.

Ordered, That Notice thereof be affixed upon the Doors of this House and Westminster Hall, accordingly.

Prichard to enter into a Recognizance on the Appeal of Lady Mary Herbert.

The House being moved, That John Pritchard of the Parish of Saint Martin in the Fields Gentleman may be permitted to enter into a Recognizance for Lady Mary Herbert, on account of her Appeal depending in this House; she residing out of the Kingdom:

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

Adjourn.

Ds. Mansfield, Capitalis Justiciarius Banci Regii, de claravit prsens Parliamentum continuandum esse usque ad et in diem Mercurii, tricesimum diem instantis Januarii, hora undecima Auror, Dominis sic decernentibus.

Die Mercurii, 30^o Januarii,

Domini tam Spirituales quam Temporales prsentes fuerunt:

PRAYERS.

The Lord Mansfield sat Speakers.

Then, in order to solemnize this Day; being appointed, by Act of Parliament, to be observed as a Day of Fasting and Humiliation, for the Martyrdom of King Charles the First;

Adjourn.

Ds. Mansfield, Capitalis Justiciarius Banci Regii, declaravit prsens Parliamentum continuandum esse usque ad et in diem Jovis, tricesimum primum diem instantis Januarii, hora undecima Auror, Dominis sic decernentibus.

Die Jovis, 31^o Januarii.

Domini tam Spirituales quam Temporales prsentes fuerunt;

PRAYERS.

Thanks to the Bishop of Carlisle, for this Sermon.

Ordered, That the Thanks of this House be, and are hereby, given to the Lord Bishop of Carlisle, for the Sermon by him preached before this House Yesterday, in the Abbey Church Westminster; and he is hereby desired to cause the same to be forthwith printed and published.

Bishop of Peterborough takes the Oaths, &c.

This Day Robert Lord Bishop of Peterborough took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Hardingstone Enclosure Bill:

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

With a Bill, intituled, An Act for dividing and enclosing the Common Fields, Common Meadows, Common Grounds, Lanes, and Waste Ground, within the Manors and Parish of Hardingstone and Cotton, in the County of Northampton; to which they desire the Concurrence of this House.

The said Bill was read the First Time.

The Kings Content to it signified.

The Earl of Sandwich acquainted the House, That His Majesty, having been informed of the Purport of the said Bill, was pleased to consent (as far as His Majestys Interest is concerned) that their Lordships may proceed therein as they shall think fit.

Podington Enclosure, Bill.

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

With a Bill, intituled, An Act for dividing and enclosing the Open and Common Fields, Common Meadows, Common Pastures, and Commonable Waste Grounds, in the Manor and Parish of Podington, in the County of Bedford; to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Jagers Nat. Bill.

Dirk Jager took the Oaths appointed, in order to his Naturalization.

Hodie 2^a vice lecta est Billa, intituled, An Act for naturalizing Dirk Jager of the City of London Merchant.

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

Their Lordships, or any Five of them; to meet on Monday next, at Ten oClock in the Forenoon in the Princes Lodgings near the House of Peers; and to adjourn as they please.

Langs Nat. Bill.

Hodie 2^a vice lecta est Billa, intituled An Act for naturalizing Luder Lang.

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.

Brebner against Brebner.

Upon reading the Petition and Appeal of Alexander Brebner of Pitgavenie; complaining of several Interlocutors of the Lord Ordinary in Scotland, of the 29th of November 1763; the 20th of September, 30th of November, 5th of December, and 20th of December, 1764; and 5th of January 1765; and likewise of an Interlocutor of the Lords of Session there, of the 23d of January 1765; and praying, That the same may be reversed or varied, or that the Appellant may have such other Relief in the Premises as to their Lordships in their great Wisdom shall seem just; and that Helen Brebner, otherwise Frigge, may be required to answer the said Appeal:

It is Ordered, That the said Helen Brebner, otherwise Frigge, may have a Copy of the said Appeal, and do put in her Answer thereto, in Writing, on or before Thursday the 28th Day of February next; and Service of this Order upon her known Agent or Procurator in the Court of Session in Scotland shall be deemed good Service.

Magistrates of Kinghorn against E. of Moray et al.

Upon reading the Petition and Appeal of the Magistrates and Town Council of the Borough of Kinghorn, for themselves, and in the Name and Behalf of the Community of that Borough; complaining of several Interlocutors of the Lords of Session in Scotland, of the Ist and IIth of August 1761, 15th of July 1762, 17th of January 1764, and 17th of January 1765; and praying, That the same may be reversed, altered, or varied, or that the Appellants may have such other Relief in the Premises as to their Lordships in their great Wisdom and Justice shall seem meet; and that James Earl of Moray, Lieutenant General James Sinclair of Sinclair, James Wemyss Esquire, and others, the Pursuers of the Action in the Court of Session in Scotland, may be required to answer the said Appeal:

It is Ordered, That the said James Earl of Moray, Lieutenant General James Sinclair, James Wemyss Esquire, and others, the Pursuers of the said Action in the said Court of Session, 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 28th Day of February next; and Service of this Order on their Procurators or Agents in the said Court of Session shall be deemed good Service.

Causes removed.

Ordered, That the Cause, which stands appointed Causes for Hearing To-morrow, be put off till Monday next; and that the other Causes be removed in Course.

Committee on the Dearness of Provisions adjourned.

The House being informed, That the Sitting of the Lords Committees, appointed to consider of the Causes of the present Dearness of Provisions, and of the proper Remedies for the same, now stands adjourned for To-morrow:

It is Ordered, That the Sitting of the said Committee be further adjourned till Tuesday next.

Adjourn.

Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad et in diem Lun, quartum diem Februarii jam prox. sequen. hora undecima Auror, Dominis sic decernentibus.

Die Lun, 4^oFebruarii.

Domini tam Spirituales quam Temporales prsentes fuerunt:

PRAYERS.

Ld. Craven takes his Seat;

This Day William Lord Craven sat first in Parliament, after the Death of his Cousin Fulwar Lord Craven.

and the E. of Gainsborough.

Also Henry Earl of Gainsborough sat first in Parliament after the Death of his Father Baptist Earl of Gainsborough; their Lordships having first, at the Table, taken the Oaths, and made and subscribed the Declaration, and also taken and subscribed the Oath of Abjuration, pursuant to the Statutes.

Strackhovens Nat. Bill.

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

With a Bill, intituled, An Act for naturalizing Christian James Strackhoven; to which they desire the Concurrence of this House.

To extend the Time for allowing His Majesty Subjects to import their Effects from certain Places ceded to France and Spain, Bill.

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

With a Bill, intituled, An Act for extending the Time granted by an Act passed in the Third Year of the Reign of His present Majesty, for allowing His Majestys Subjects to import their Goods and Effects, being the Produce of certain Places ceded to France and Spain by the late Treaty of Peace, upon Payment of the same Duties as they would have been liable to, if the same Places had remained in His Majestys Possession; to which they desire the Concurrence of this House.

The said Two Bills were read the First Time.

Accompts of Orphans Fund, London Bridge, and Black Friars Bridge, delivered.

The House being informed, That Mr. Janssen, Chamberlain of the City of London, attended:

He was called in; and delivered, at the Bar, pursuant to the Directions of several Acts of Parliament,

An Accompt of the Surplus of the Fund, for the Relief of the Orphans and other Creditors of the City of London, on the 5th Day of July 1764.

An Accompt of the Money received and paid, in Pursuance of the Act to improve, widen, and enlarge, the Passage over and through London Bridge, from the 7th Day of October 1703, to the 2d Day of January 1765, inclusive.

An Accompt of the Money received and paid, in Pursuance of the Act for building a Bridge cross the River Thames from Black Friars in the City of London, to the opposite Side in the County of Surry, from the 5th Day of July 1763 (exclusive), to the 5th Day of July 1764, inclusive.

And then he withdrew.

And the Titles thereof being read by the Clerk:

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

Dallas against Dallas:

After hearing Counsel this Day, upon the Petition and Appeal of William Dallas Wright in Edinburgh, Son of the deceased James Dallas of North Newton; complaining of Two Interlocutors of the Lords of Session in Scotland, of the 12th of January and 11th of March, 1763; and praying, That the same might be reversed or altered; or that the Appellant might have such other Relief in the Premises as to their Lordships in their great Wisdom should seem meet: As also upon the Answer of James Dallas and Alexander Dallas put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Interlocutors affirmed, with Costs.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal be, and is hereby, dismissed this House; and that the said Interlocutors therein complained of be, and the same are hereby, affirmed: And it is further Ordered, That the Appellant do pay, or cause to be paid, to the said Respondents, the Sum of Fifty Pounds, for their Costs in respect of the said Appeal.

Malt Bill.

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

With a Bill, intituled, An Act for continuing and granting to His Majesty certain Duties upon Malt, Mum, Cyder, and Perry, for the Service of the Year One Thousand Seven Hundred and Sixty-five; to which they desire the Concurrence of this House.

Plauell et al. Nat. Bill.

A Message was brought from the House of Commons, by Sir John Glynne and others:

With a Bill, intituled, An Act for naturalizing John William Plauell, John James Long, Jacob Nadal, and Christopher Christopher Henry Baumer; to which they desire the Concurrence of this House.

To identify Persons for not qualifying for Offices, Bill.

A Message was brought from the House of Commons, Mr. Rose Fuller, and others:

With a Bill, intituled, An Act to indemnify such Persons as have omitted to qualify themselves for Offices and Employments; and to indemnify Justices of the Peace, Deputy Lieutenants, Officers of the Militia, or others, who have omitted to register, or deliver in, their Qualifications within the Time limited by Law, and for giving further Time for those Purposes; to which they desire the Concurrence of this House.

The said Three Bills were severally read the First Time.

Jagers Nat. Bill.

The Lord Boston reported from the Lords Committees to whom the Bill, intituled, An Act for naturalizing Dirk Jager of the City of London Merchant, 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.

Hardingstone Enclosure, Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for dividing and enclosing the Open Common Fields, Common Meadows, Common Grounds, Lanes, and Waste Ground, within the Manors and Parish of Hardingstone and Cotton, in the County of Northampton.

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

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

Podington Enclosure, Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for dividing and enclosing the Open and Common Fields, Common Meadows, Common Pastures, and Commonable Waste Grounds, in the Manor and Parish of Podington, in the County of Bedford.

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.

Ld. George Cavendish et. al. Petition for a Bill, to sell Estates of late Countess of Burlington.

Upon reading the Petition of the Right Honourable Lord George Cavendish, Lord Frederick Cavendish, and Lord John Cavendish, for and in Behalf, and as the Testamentary Guardians, of the most Noble William now Duke of Devonshire, Eldest Son and Heir of William late Duke of Devonshire, and of the Right Honourable the Lord Richard Cavendish, Lord George Cavendish, and Lady Dorothy Cavendish, Two of the Younger Sons and Daughter of the most Noble William late Duke of Devonshire, deceased, who are all Infants; praying Leave to bring in a Bill, for vesting certain Estates, in the Counties of York, Lincoln, and Middlesex, devised by the Wills of Dorothy late Counsels of Burlington and William late Duke of Devonshire, in Trustees, in Trust, to convey such Part thereof, as was contracted to be sold to John Lord Viscount Spencer, to him and his Heirs, or as he shall direct, and for other Purposes therein 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 Wilmot; 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.

Urquhart to enter into Recognizance on Brebners Appeals.

The House being moved, That Mr. George Urquhart may be permitted to enter into a Recognizance for Alexander Brebner, on account of his Appeal depending in this House, to which the Creditors of the Forfeited Estate of the late Sir William Gordon of Park are Respondents; he living in Scotland:

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

The House being moved, That the said George Urquhart may be permitted to enter into a Recognizance for the said Alexander Brebner, on account of another Appeal depending in this House, to which Helen Brebner is Respondent; he living in Scotland:

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

Davidson to enter into Recognizance on the Appeal of the Magistrates of Kinghorn.

The House being moved, That Mr. Henry Davidson may be permitted to enter into a Recognizance for the Magistrates of Kinghorn, on account of their Appeal depending in this House; they residing in Scotland:

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

Causes removed.

Ordered, That the Cause which stands appointed for Wednesday be put off to Friday next; and that the other Causes be removed in Course.

Adjourn.

Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad et in diem Martis, quintum diem instantis Februarii, hora undecima Auror, Dominis sic decernentibus.