House of Lords Journal Volume 32: December 1767, 21-31

Die Lun, 21^o Decembris 1767.

REX.

Domini tam Spirituales quam Temporales prsentes fuerunt:

PRAYERS.

Land Tax Bill.

Hodie 3^a vice lecta est Billa, intituled, An Act: for granting an Aid to His Majesty by a Land Tax, to be raised in Great Britain, for the Service of the Year One thousand seven hundred and sixty-eight.

The Question was put, Whether this Bill shall pass?

It was resolved in the Affirmative.

Highway Acts, to amend, Bill.

Hodie 3^a vice lecta est Billa, intituled, An Act to explain, amend, and render more effectual, an Act passed in the Seventh Year of His present Majesty's Reign, intituled, An Act to explain, amend, and reduce into One Act of Parliament, the several Statutes now in being for the Amendment and Preservation of the Public Highways of this Kingdom; and for other Purposes therein mentioned.

The Question was put, Whether this Bill shall pass?

It was resolved in the Affirmative.

Goudhurst Road Bill.

Hodie 3^a vice lecta est Billa, intituled, An Act for amending, widening, and keeping in Repair, several Roads leading to and through the Town of Goudhurst in the County of Kent.

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 the Three preceding Bills.

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

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

Pleading: proved in Two Causes.

The House being informed, That John Fowler attended, in order to deliver in Copies of Pleadings and Proceedings in Two Causes depending in this House, in the first of which Richard Kerly is Appellant, and John Fowler is Respondent; and in the last, William Bigger is Appellant, and Richard O Donnell is Respondent:

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 Office in Ireland.

And then he withdrew.

Lord Botetourt takes the Oaths.

Norborne Lord Botetourt took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration pursuant to the Statutes, his Lordship having first at the Table delivered a Certificate of his receiving the Sacrament; to the Truth whereof, Witnesses were sworn and examined.

The House was adjourned during Pleasure to robe.

The House was resumed.

Message from H. C. to return Rossier et al. Naturalization Bill.

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

To return the Bill, intituled, An Act for naturalizing John Francis Rossier, and Charles Augustus Rodolph Lewis de Willermin; and to acquaint this House, that they have agreed to their Lordships Amendments made thereto.

Duke of Gloucester takes the Oaths.

His Royal Highness the Duke of Gloucester took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes; His Royal Highness having first at the Table delivered a Certificate of his receiving the Sacrament, to the Truth where of Witnesses were sworn and examined.

The House was adjourned during Pleasure.

The House was resumed.

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 Majesty's Pleasure, they attend Him immediately, in this House:

Who being come, with their Speaker;

He, after a short Introduction in relation to the Money Bills to be passed, delivered them to the Clerk, who brought them to the Table; where the Deputy Clerk of the Crown read the Titles of those and the other Bills to be passed, severally, as follow:

Bills passed.

1. An Act for granting an Aid to His Majesty by a Land Tax, to be raised in Great Britain, for the Service of the Year One thousand seven hundred and sixty-eight.

2. An Act for continuing, and granting to His Majesty, certain Duties upon Malt, Mum, Cyder, and Perry, for the Service of the Year One thousand seven hundred and sixty-eight.

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

Le Roy remercie ses bons Sujets, accepte leur Benevolence, & ainsi le veult.

3. An Act for punishing Mutiny and Desertion; and for the better Payment of the Army and their Quarters.

4. An Act for the Free Importation of Indian Corn or Maize from any of His Majesty's Colonies in America, for a Time therein limited.

5. An Act to indemnify such Persons as have. omitted to qualify themselves for Offices and Employments within the Time limited by Law, and for allowing further Time for that Purpose; and to indemnifying Members and Officers in Cities, Corporations, and Borough Towns, whose Admissions have been omitted to be stamped according to Law, or, having been stamped, have been lost or mislaid; and for allowing them Time to provide Admissions duly stamped.

6. An Act to explain, amend, and render more effectual, an Act passed in the Seventh Year of His present Majesty's Reign, intituled, An Act to explain, amend, and reduce into One Act of Parliament, the several Statutes now in being, for the amendment, and Preservation of the Public Highways of this Kingdom; and for other Purposes therein mentioned.

7. An Act to enlarge and vary the Term and Powers of an Act for repairing and widening the Road from the West End of Thames Street in the City of Oxford, over Botley Causeway, to the Turnpike Road near Fifield in the County of Berks; and to provide more effectually for repairing and widening the ancient Horse Road from the West End of Botley Causeway, to Witney in the County of Oxford.

8. An Act for amending, widening, and keeping in Repair, several Roads leading to and through the Town of Goudhurst in the County of Kent.

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

Le Roy le veult.

9. An Act for dividing and enclosing the Open and Common Fields and Meadows of Stow, within the Parish of Threckingham, in the County of Lincoln.

10. An Act to enable James Shuttleworth the younger Esquire, and his Issue, to take and use the Surname and Arms of Holden, pursuant to the Will of Robert Holden Esquire, deceased.

11. An Act to enable James Swinsen (lately called John Grundy), and his Issue, to take and use the Surname and Arms of Swinsen.

12. An Act to enable the Reverend Ralph Drake Clerk, and his Issue, to take and bear the Surname and Arms of Brockman, pursuant to the Will of James Brockman Esquire, deceased.

13. An Act for naturalizing William Aubert.

14. An Act for naturalizing Dirk Willem Van Dam.

15. An Act for naturalizing John Francis Rossier, Charles Augustus Rodolph Lewis de Willermin, Nicholas Freeze, John James Schlapsser, and Lewis Reminder.

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

Soit fait comme il est desir.

Then His Majesty was pleased to retire. And the Commons withdrew.

The House was adjourned during Pleasure, to unrobe.

The House was resumed.

writs of Error

The Lord Mansfield, Lord Chief Justice of the Court of King's Bench, in the usual Manner, delivered: in at the Table Six Writs of Error:

In the First of which,

Chisim against Pepys.

Thomas and William Chisim are Plaintiffs, and Edmund Pepys Esquire is Defendant:

In the Second,

Rishton against Richardson.

John Rishton is Plaintiff, and Charles Richardson is Defendant:

In the Third,

Fearon et al. against Sir Richard Glynne.

Peter Fearon and others are Plaintiffs, and Sir Richard Glynne Baronet is Defendant:

In the Fourth

Hanforth against Smith.

John Hanforth is Plaintiff, and Abel Smith is Defendant:

In the Fifth,

Dennis against Norman.

George Dennis is Plaintiff, and James Norman is Defendant:

And in the last,

Bird against West.

Thomas Bird is Plaintiff, and Frances West is Defendant.

Droitwich Navigation Bill.

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

With a Bill, intituled, An Act for making and maintaining a navigable Canal from the River Severn, at or near a Place called Hawford in the Parish of Claines in the County of Worcester, to or near a Place called Chapel Bridge, within the Borough of Droitwich in the said County; to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Proceedings of the Commissioners for paving Westminster Streets delivered.

The House being informed, That Mr. Box, from the Commissioners for paving Westm'r Streets, attended.

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

Copy of the Proceedings of the Commissioners for putting in Execution the several Acts of Parliament, made in the 2d, 3d, 4th, and 5th Years of His present Majesty's Reign, for paving, cleansing, and lighting the Squares, Streets, Lanes, and other, Places, within the City and Liberty of Westminster, &c. from the 24th of December 1766, to the 9th of December 1767, both inclusive; and of all Contracts and Agreements made by the said Commissioners from the 20th Day of November 1766, to the 21st of octOctober 1767, both inclusive:

And also, Copies of the Accounts of the Treasurer to the Commissioners for paving, cleansing, and lighting the City and Liberty of Westminster; of the Receivers to the said Commissioners; and of the Bank of England to the said Commissioners, to the 15th of December 1767, inclusive.

And then he withdrew.

And the Titles thereof being read by the Clerk;

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

Petition of Elizapeth, claiming the Digaity of Countess of Sutherland.

The Lord Wycombe (by His Majesty's Command) presented to the House a Petition of Elizabeth (claiming the Dignity of) Countess of Sutherland, and her Guardians, 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 Petition of Elizabeth (claiming the Title and Dignity of) Countess of Sutherland, and of John Duke of Athol, Charles Earl of Elgin and Kincardin, James Wemyss of Wemyss, Sir David Dalrymple of Hailes Baronet One of the Senators of the College of Justice, Sir Adam Fergusson of Kilkerran Baronet, Mr. Alexander Boswel of Auchinleck One of the Senators of the College of Justice and, One of the Commissioners of Justiciary, and Mr. John Mackenzie of Delvin, her Guardians;

Sheweth,

That the Earldom of Sutherland is One of the most ancient Dignities in Scotland; and it appears, from the Charters and Title Deeds of the Family, that the Grants of the Lands and Earldom were uniformly in Favour of Heirs, until limited to Heirs Male in 1601: But the Destination to Heir was restored by a subsequent Charter in 1681, and has not been varied since that Period:

That, in 1514, John, then Earl of Sutherland, having died without Issue, his Sifter Elizabeth, took the Dignity and Earldom as Heirs to her Brother, without Challenge to any Collateral Heirs Male; and Adam Gordon, Brother of the Earl of Huntley her Husband, assumed the Title by Courtesy in her Right, agreeable to the ancient Custom which prevailed in Scotland:

That, in 1527, Elizabeth Countess of Sutherland, with Consent of her Husband, resigned the Earldom and Estate in Favour of her Son Alexander, and his Heirs, reserving the Life Rent to her Husband Adam Gordon, by reason of the Courtesy of Scotland:

From that Period this Dignity and Estate have been enjoyed in a regular Descent from Father to Son, until the 1766, when William the last Earl of Sutherland died, leaving this Infant Petitioner, his only Child, who apprehends that she is clearly entitled to this Dignity by Lineal Descent:

The Petitioner therefore (by her Guardians) humbly prays, That the said Dignity may of Right be declared to belong to her and her Heirs.

Athol, Elgin and Kincardin, Wemyss, Dav. Dalrymple, Ad. Ferguson, Alexr. Boswell, Jo. Mackenzie

Whitehall, December 21st 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 Title and Dignity mentioned therein; 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 25th of January next; whose Lordships having considered thereof, and heard such Persons concerning the same as they shall think fit, are 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.

Causes removed.

Ordered, That the Hearing of the Cause, wherein Henry Earl of Lincoln is Appellant, and Poulton Allen Esquire is Respondent, which stands appointed for Wednesday the 20th of January next, be put off to the Monday following; and that the rest of the Causes be removed in Course.

Smythe et at. against Clay et al.

The House being moved, That a Day may be appointed for hearing the Cause, wherein William Smythe and others are Appellants, and Lomax Clay 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.

Time for receiving Petitions for Private Bills enlarged.

Ordered, That the Time for receiving Petitions for Private Bills be enlarged from the 19th Day of January next, to Tuesday the 26th of January next.

Account of the Number of Papists delivered.

The Lord Wycombe (by His Majesty's Command) laid before the House, pursuant to an Address of last Session,

An Account of the Number of Papists, or reputed Papists, of both Sexes in England, together with a List thereof:

And the same being read by the Clerk:

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

Adjourn.

Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad et in diem Mercurii, vicesimum diem Januarii jam prox sequen. hora undecima Auror, Dominis sic decernentibus.