House of Lords Journal Volume 30: December 1762

December 1762

DIE Veneris, 3^o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Ld. C. Spencer & al. against the D. of Marlborough & al.

The Answer of the most Noble George Duke of Marlborough, One of the Respondents to the Appeal of the Right Honourable Charles Spencer, commonly called Lord Charles Spencer:

As also, the Answer of the most Noble John Duke of Bedford, and the Right Honourable Francis Earl of Godolphin and the Right Honourable Charles Fane Lord Viscount Fane in the Kingdom of Ireland, Three of the Respondents to the same Appeal, were this Day brought in.

E. of Jersey takes the Oaths.

This Day William Earl of Jersey took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

V. Meulen's Nat. Bill.

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

With a Bill, intituled, "An Act for naturalizing John Vander Meulen;" to which they desire the Concurrence of this House.

Accounts of prohibited East India Goods and Naval Stores 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:

"1. An Account of prohibited East India Goods brought into the East India Warehouses in St. Hellens, in the Port of London, since Michaelmas 1761; also what have been exported from that Time, and what remained at Michaelmas 1762."

"2. An Account of prohibited East India Goods brought into the East India Warehouses in Leadenball and Billiter Lane, in the Port of London, since Michaelmas 1761; also what have been exported from that Time, and what remained at Michaelmas 1762."

"3. An Account of prohibited East India Goods remaining in His Majesty's Warehouse in the Port of London, at Michaelmas 1761; what have been since brought in, what exported, as also what remained at Michaelmas 1762."

"4. An Account of East India Goods prohibited to be worn in this Kingdom, in the respective Warehouses in the Out Ports, at Michaelmas 1761; what have been since brought in, what exported, as also what remained at Michaelmas 1762."

"5. An Account of prohibited East India Goods which have been delivered out of the Warehouses at Saint Hellens, Leadenhall, Billiter Lane, and Customhouse, in the Port of London, since Michaelmas 1761, in order to be dyed, glazed, &c.; what have been returned, and what remained at Michaelmas 1762."

"6. An Account of Naval Stores imported from Russia into the Port of London, from Michaelmas 1761, to Michaelmas 1762."

"7. An Account of Naval Stores imported from Russia into the Ports of England (commonly called the Out Ports), from Michaelmas 1761, to Michaelmas 1762."

"8. 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 Burdens; 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 1762."

And then they withdrew.

And the Titles thereof being read by the Clerk:

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

Complaint of Stoppages in the Streets; High Constable of Westminster examined and reprimanded.

The House being informed, "That Mr. Charles Marsh, High Constable of the City of Westminster was attending (according to Order):"

He was called in, to the Bar.

And Notice being taken to him of the great Interruption and Hindrance to the Lords, in their coming to and returning from the House, on Thursday the 25th Day of November last, when His Majesty came to the House; he was directed to give an Account of what Methods he had taken, to prevent Stoppages in the Streets, pursuant to the Order of this House for that Purpose.

And having been heard, and examined, in relation thereto:

John Freemantle Esquire was called in, and examined upon Oath; touching the same Matter.

They were both directed to withdraw; but the High Constable was ordered to attend without; and not to go away.

Then it was proposed, "That the High Constable be called in again, and reprimanded by the Lord Chancellor, for not having fully exerted himself in the Execution of the Duty of his Office to prevent Stoppages in the Streets; and that he be enjoined to take Care that the said Order be better observed for the future."

Which being agreed to;

He was called in again to the Bar; where he received a Reprimand from the Lord Chancellor on the Woolsack accordingly; and was enjoined to take Care that the said Order for preventing Stoppages and Obstructions in the Streets and Passages leading to this House, during the Sitting of Parliament, be strictly observed for the future.

V. Meulen's Nat. Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for naturalizing John Vander Meulen."

His Majesty's Advocate against D. Gordon & al:

Upon reading the Petition of His Majesty's 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 this Appeal is under Accommodation, that the Hearing thereof may be put off till next Session; 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.

Espinasse & al. against Lowe & al.

Upon reading the Petition of Isaac Espinasse and others, Appellants in a Cause depending in this House, wherein Eusebius Lowe and others are Respondents; setting forth, "That the Petitioners exhibited their Appeal to this House, in the last Session of Parliament, from an Order of the Court of Exchequer in Ireland; and obtained an Order for the Respondents to put in their Answer on or before the 28th of June last; that the said Order was duly served on the Respondents Agent in Ireland; but the Respondents have not yet put in their Answers, and the Petitioners Agent hath neglected to transmit an Affidavit of the Service of the said Order;" and therefore praying their Lordships further Order for the Respondents to put in their Answer to the said Appeal within such limited Time as to their Lordships shall seem meet:

It is Ordered, That the said Respondents do put in their Answer or respective Answers thereunto, in Writing, on or before Friday the 7th Day of January next.

M'Cullock against Munro & al.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Roderick Mac Culloch Esquire is Appellant, and Charles Munro and his Curators 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.

Grace against Egan & al.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein George Grace Esquire is Appellant, and Terence Egan 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.

Morse & al. against Campbell & al.

The House being moved, "That Wednesday the 23d Day of February next may be appointed for hearing the Cause werein Elizabeth Morse and others are Appellants, and Goodlet Campbell and others Respondents:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Wednesday the 23d Day of February next.

Lade & al. Petition referred to Judges.

Upon reading the Petition of John Lade the Younger of Boughton under the Blean in the County of Kent Gentleman and Hester his Wife, Samuel Shepherd of Faversham in the said County of Kent Esquire, and John Lade the Elder of the City of Canterbury Leatherseller, and Julius Shepherd of Faversham aforesaid Gentleman; praying Leave to bring in a Bill, for Sale of a Messuage and certain Lands and Hereditaments at Barham in the County of Kent; and for laying out the Money arising thereby in the Purchase of other Lands and Hereditaments, to be settled to the same Uses:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Justice of the Court of Common Pleas and Mr. Baron Adams; 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. Gordon & al. against the E. of Moray and E. of Fife.

Upon reading the Petition and Appeal of Alexander Duke of Gordon and his Curators; complaining of an Interlocutor of the Lords of Session in Scotland, of the 27th of June 1761, and of an Interlocutor of the Lord Ordinary of the 30th of June 1761; and of another Interlocutor of the Lords of Session, of the 29th of July 1761; and praying, "That the same may be reversed; or that this House will give the Appellants such Relief in the Premises as to their Lordships in their great Wisdom shall seem meet; and that James Earl of Moray and William Earl of Fife may be required to answer the said Appeal:"

It is Ordered, That the said James Earl of Moray and William Earl of Fife may have a Copy of the said Appeal; and do put in their Answer or respective Answers thereunto, in Writing, on or before Friday the 31st Day of this Instant December; and Service of this Order upon any of the Lawyers or Agents of the said Respondents shall be deemed good Service.

Grosett against Sir J. Murray.

Upon reading the Petition and Appeal of James Grosett of London Merchant; complaining of an Interlocutor of the Lords of Session in Scotland, of the 16th of February 1762; 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 shall seem just; and that Sir James Murray may be required to answer the said Appeal:"

It is Ordered, That the said Sir James Murray may have a Copy of the said Appeal; and do put in his Answer thereunto, in Writing, on or before Friday the 31st Day of this Instant December; and Service of this Order upon any of the Agents or Solicitors of the said Respondent in the Court of Session in Scotland shall be deemed good Service.

Belchier & al. against Renforth.

Upon reading the Petition and Appeal of William Belchier Esquire, Ann Ironside Widow, and Thomas Pierce; complaining of certain Parts of a Decree of the Court of Chancery, of the 4th of December 1760; and praying, "That the same may be rectified; or that this House will grant the Appellants such Relief in the Premises as to their Lordships in their great Wisdom shall seem meet; and that John Renforth may be required to answer the said Appeal:"

It is Ordered, That the said John Renforth may have a Copy of the said Appeal; and do put in his Answer thereunto, in Writing, on or before Friday the 17th Day of this Instant December.

Meyer's Nat. Bill.

Jeremiah Meyer took the Oaths appointed, in order to his Naturalization.

Hodie 2^a vice lecta est Billa, intituled, "An Act for naturalizing Jeremiah Meyer."

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

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

Adjourn.

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

DIE Lunæ, 6^o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Ld. Onslow takes the Oaths.

This Day Richard Lord Onslow took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Meyer's Nat. Bill.

The Lord Willoughby of Parham reported from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing Jeremiah Meyer, 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.

Sims against Bennett & al.

After hearing Counsel in Part, in the Cause wherein Joseph Sims Clerk is Appellant, and Thomas Bennett and others are Respondents:

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

Hamersley to enter into Recognizance on Ld. C. Spencer's Appeal.

The House being moved, "That Hugh Hamersley Esquire may be permitted to enter into a Recognizance for Lord Charles Spencer and others, on account of their Appeal depending in this House; they being absent:"

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

Marye to enter into a Recognizance on the D. of Gordon's Appeal.

The House being moved, "That James Marye of Barbers Hall London Gentleman may be permitted to enter into a Recognizance for Alexander Duke of Gordon and his Curators, on account of their Appeal depending in this House; they living in Scotland:"

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

Sir W. Dunbar & al. against Brodie et al.

Upon reading the Petition and Appeal of Sir William Dunbar of Durn Baronet, Sir Alexander Grant of Dalvey Baronet, Captain Duncan Urquhart of Birdsyeards, and Alexander Tulloch of Tannachie; complaining of several Interlocutors of the Lords of Session in Scotland, of the 14th of February 1760, the 24th of June and 29th of July 1761, and of the 5th and 12th of January 1762; 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 Alexander Brodie, John Burnet, and Alexander Watson may be required to answer the said Appeal:"

It is Ordered, That the said Alexander Brodie, John Burnet, and Alexander Watson, 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 3d Day of January next; and Service of this Order upon the Procurators or Agents of the said Respondents before the Court of Session in Scotland shall be deemed good Service.

Espinasse against Lowe.

The Answer of Eusebius Lowe, One of the Respondents to the Appeal of Isaac Espinasse Esquire and Mary his Wife and Richard Espinasse their Son, an Infant, by the said Isaac Espinasse their Father and Guardian, was this Day brought in.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Martis, septimum diem instantis Decembris, hora undecima Auroræ, Dominis sic decernentibus.

DIE Martis, 7^o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Thom against Dalrymple.

The Answer of David Dalrymple Esquire and others, to the amended Appeal of William Thom Advocate and others, was this Day brought in.

Boon et al. Nat. Bill.

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

With a Bill, intituled, "An Act for naturalizing Adolph Boon, James Des Cotes, Anthony Francis Haldimand, Samuel Bouess, and John Werner Faesch;" to which they desire the Concurrence of this House.

The Lord Mansfield, Lord Chief Justice of the Court of King's Bench, in the usual Manner, delivered Two Writs of Error;

Rybott against Barrell:

In the First of which, Francis Rybot is Plaintiff, and Nathaniel Barrell is Defendant:

and Bland against Tonson; in Error.

And in the other, Elias Bland is Plaintiff, and Jacob Tonson is Defendant.

Sims against Bennett & al.:

After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of Joseph Sims Clerk, Vicar of the Parish and Parish Church of Saint Mary Magdalen in Eastham in the County of Essex; complaining of a Decree of the Court of Chancery, of the 10th of November 1760; and praying, "That the same might be reversed; or that this House would make such further Order for the Appellant's Relief as the Nature and Circumstances of the Case might require:" As also upon the Answer of Thomas Bennett, William Johnson, Frances Wilkes, and Charles Hitch, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Decree 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 Decree therein complained of be, and the same is hereby, affirmed.

Ward against Browne.

The House being moved, "That the Hearing of the Causes wherein James Ward is Appellant, and Thomas Browne and others are Respondents, et è contra, which stands appointed for To-morrow, be put off till the First Day for Causes after the Recess at Christmas:"

It is Ordered, That the Hearing of the said Causes be put off till the First Day for Causes after the Recess at Christmas.

D. of Hamilton against Cochrane.

The House being moved, "That the Hearing of the Cause wherein George Duke of Hamilton is Appellant, and Thomas Cochrane is Respondent, which stands appointed for Friday next, may be put off till the First vacant Day for Causes after those already appointed:"

It is Ordered, That the Hearing of the said Cause be put off till the First vacant Day for Causes after those already appointed.

Thom & al. against Dalrymple.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein William Thom Advocate and others are Appellants, and David Dalrymple Esquire and others 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.

Meyer's Nat. Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for naturalizing Jeremiah Meyer."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

A Message was sent to the House of Commons, by Mr. Bennett and Mr. Montagu:

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

V. Meulen's Nat. Bill.

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

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 next, at Ten o'Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Boon et al. Nat. Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for naturalizing Adolph Boon, James Des Cotes, Anthony Francis Haldimand, Samuel Bouess, and John Werner Faesch."

Adjourn.

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

DIE Jovis, 9^o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

V. Meulen's Nat. Bill.

The Lord Willoughby of Parham reported from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing John Vander Meulen," 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."

Countess of Anglesey against Dubois & al.

Upon reading the Petition and Appeal of the Right Honourable Juliana Countess of Anglesey (Widow, Relict, and sole Executrix named in the last Will and Testament, of the Right Honourable Richard late Earl of Anglesey, deceased;) complaining of an Order of the Court of Chancery in Ireland, of the 21st Day of June 1762; and praying, "That the same may be reversed and set aside; or that this House will be pleased to make such Order for the Appellant's Relief as the Nature and Circumstances of the Case may require; and that Peter Dubois and Dorothea his Wife, William White and Caroline his Wife, and Robert Hyde and Elizabeth his Wife, may be required to Answer the said Appeal:"

It is Ordered, That the said Peter Dubois and Dorothea his Wife, William White and Caroline his Wife, and Robert Hyde and Elizabeth his Wife; 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 13th Day of January next; and Service of this Order upon the Clerks in Court of the said Respondents shall be deemed good Service.

Countess of Anglescy et al. against Simpson.

Upon reading the Petition and Appeal of the Right Honourable Juliana Countess of Anglesey (Widow, Relict, and sole Executrix named in the last Will and Testament, of the Right Honourable Richard late Earl of Anglesey, deceased;) and of the Right Honourable Arthur Earl of Anglesey only Son and Heir of the said Richard Earl of Anglesey, deceased, and Devisee of his Real Estates, and of the Right Honourable Lady Catharine Annesley and Lady Juliana Annesley, Two of the Daughters of the said deceased Earl, the said Arthur Earl of Anglesey and Lady Catharine and Lady Juliana Annesley being all Infants under the Age of Twenty-one Years, by the said Juliana Countess of Anglesey their Mother and next Friend; and of Robert Phaire Esquire and Lady Ricarda his Wife, the said Lady Ricarda being another of the Daughters of the said Richard Earl of Anglesey, deceased; complaining of certain Orders of the Court of Chancery in Ireland, pronounced the 21st Day of June 1762; and praying, "That the same may be reversed and set aside; or that this House will make such other Order in the Premises as the Nature and Circumstances of the Case may require; and that Ann Simpson, styling herself Countess of Anglesey, may be required to answer the said Appeal:"

It is Ordered, That the said Ann Simpson may have a Copy of the said Appeal; and do put in her Answer thereunto, in Writing, on or before Thursday the 13th Day of January next; and Service of this Order upon her Clerk in Court shall be deemed good Service.

Rochfort at Ux. against E. of Clanrickard & al.

Upon reading the Petition and Appeal of George Rochfort of Rochfort in the Kingdom of Ireland Esquire and Alice his Wife, Daughter and Residuary Devisee of Sir Gustavus Hume Baronet, deceased; complaining of a Decree of Dismission of the Court of Chancery in the said Kingdom, of the 19th of July 1762; and praying, That this House will be pleased to make such Order for the Appellants Relief in the Premises as the Nature and Circumstances of the Case may require; and that Smith Earl of Clanrickard, Thomas Bourke, Denis Daley, Ann Henry Widow, Loftus Jones, Charles Howison, Sir Thomas Taylor Baronet, Edward Earl of Drogheda, Henry Brook, Robert Lord Viscount Belfield, Henry Lyons, Elizabeth and Gustavus Rochfort Minors, by Gustavus Lambert their Guardian, may be required to answer the said Appeal:"

It is Ordered, That the said Smith Earl of Clanrickard and the several other 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 13th Day of January next; and Service of this Order upon the Clerk or Agent of the said Respondents in the said Court of Chancery in Ireland shall be deemed good Service.

M'Murtrie against Blackwood et al.

Upon reading the Petition and Appeal of William M'Murtrie of Dublin in the Kingdom of Ireland Merchant, Son and Heir at Law of Thomas M'Murtrie late of the same Place Merchant, deceased; complaining of a Decree of the Court of Chancery in Ireland, of the 17th Day of May 1762; and praying, "That the same may be reversed, or such other Order made in the Premises as the Nature of the Case may require; and that Robert Blackwood, the Right Honourable Arthur Hill Trevor Esquire, George Macartney Esquire, George Macartney the Younger, William Macartney, Robert Blackwood, John Blackwood, Michael (fn. 3) Crourie, and Hamilton M'Clure, may be required to answer the said Appeal:"

It is Ordered, That the said Robert Blackwood and the several other 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 13th Day of January next; and Service of this Order upon the Agents or Clerks in Court in Ireland of the said Respondents shall be deemed good Service.

E. of Abercorn against Wallace.

Upon reading the Petition and Appeal of James Earl of Abercorn; complaining of Three Interlocutors of the Lords of Session in Scotland, of the 23d of December 1760, the 6th of March 1761, and the 24th of June 1762; 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 Andrew Wallace may be required to answer the said Appeal:"

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

Mackenzie et al. Magistrates of Dingwall against Col. Scots & al.

Upon reading the Petition and Appeal of John Mackenzie Esquire of Brae Baillie, and Donald Morison Treasurer, of the Borough of Dingwall, for the Year immediately preceding Michaelmas 1758; complaining of Part of an Interlocutor of the Lords of Session in Scotland, of the 8th of August 1759; and of Six whole Interlocutors of the said Lords, of the 12th of December 1759, the 29th of February, the 13th of June, the 23d of July, and Two of the 5th of December 1760; and praying, "That the same may be reversed; and that Colonel John Scott of the Third Regiment of Foot Guards, Kenneth Bayne of Tulloch, Kenneth Mackenzie Provost, and Andrew Robertson Treasurer and TownClerk, of Dingwall, Colin Mackenzie late Baillie, and Thomas Mackenzie of Highfield Baillie, Alexander Mackenzie late Baillie, John Mackenzie late Baillie, John Robertson late Dean of Guild, Donald Morison late Treasurer, John Dingwall Writer in Edinburgh, William Mackenzie of Balmaduthie Advocate, William Mackenzie of Strathgarvie, Alexander Mackenzie of Muirhouse, and Murdoch Mackenzie in Dingwall, Counsellors, may be required to answer the said Appeal:"

It is Ordered, That the said Colonel John Scott, and the 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 6th Day of January next; and Service of this Order upon the known Counsel or Agents of the said Respondents in the Court of Session in Scotland shall be deemed good Service.

Mackenzie & al. and His Majesty's Advocate against Col. Scott et al.

Upon reading the Petition and Appeal of John Mackenzie of Brae Baillie, and Donald Morison Treasurer, of the Borough of Dingwall, for the Year immediately preceding Michaelmas 1758, and His Majesty's Advocate for Scotland; complaining of an Interlocutor of the Lords of Session in Scotland, of the 13th of January 1762; and praying, "That the same may be reversed, varied, or altered; or that the Appellants may have such Relief in the Premises as to this House shall seem just; and that Colonel John Scott, Kenneth Bayne of Tulloch, Kenneth Mackenzie Provost, and Andrew Robertson Treasurer and Town Clerk, of Dingwall, Colin Mackenzie late Baillie, and Thomas Mackenzie of Highfield Baillie, Alexander Mackenzie late Baillie, John Mackenzie late Baillie, John Robertson late Dean of Guild, Donald Morison late Treasurer, John Dingwall Writer in Edinburgh, William Mackenzie of Balmaduthie Advocate, William Mackenzie of Strathgarvie, Alexander Mackenzie of Muirtoun, and Murdoch Mackenzie in Dingwall, Counsellors, may be required to answer the said Appeal:"

It is Ordered, That the said Colonel John Scott and the 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 6th Day of January next; and Service of this Order upon their known Counsel or Agents before the Court of Session in Scotland shall be deemed good Service.

Kerr et al. against Wallace et al.

Upon reading the Petition of Thomas Kerr and Robert Pollock, Appellants in a Cause depending in this House, wherein Janet Wallace and Thomas Buchanan are Respondents, which stands appointed for Hearing on Monday next; setting forth, "That the Parties in this Cause, having referred the Matters in Dispute to Arbitrators, are in Hopes of a speedy Accommodation;" and therefore praying, "That the Hearing thereof may be delayed for some Time:"

It is Ordered, That the Hearing of the said Cause be put off till the First vacant Day for Causes after those already appointed.

Boon et al. Nat. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for naturalizing Adolph Boon, James Des Cotes, Anthony Francis Haldimand, Samuel Bouess, and John Werner Faesch."

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

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

Preliminary Articles of Peace considered:

The Order of the Day being read, for taking into Consideration the Preliminary Articles of Peace, signed at Fontainebleau, November 3d, 1762, by the Plenipotentiaries of Great Britain, France, and Spain; and the Declaration signed at Fontainebleau, the 3d of November, 1762, by the French Plenipotentiary, relating to the 13th Article of the Preliminaries; which were laid before the House, by His Majesty's Command, on Monday the 29th Day of November last:

The said Preliminary Articles and Declaration were read.

Then it was moved, "To resolve, That an humble Address be presented to His Majesty, to return our sincerest Acknowledgements for the important Communication which His Majesty has been graciously pleased to make to this House, of the Preliminary Articles of Peace, concluded the Third Day of last Month, at Fontainebleau, with the Crowns of France and Spain.

"To express, in the most dutiful Manner, to His Majesty, the Satisfaction which we have received at the Foundation laid by these Articles for a Treaty of Peace, which will greatly redound to His Honour, and the real Benefit of His Kingdoms; and our entire Reliance, that the same Care and Attention will be shewn for the perfecting of this great Work by the Definitive Treaty.

"That, seeing the great Object of the War so fully answered, all proper Attention shewn to His Majesty's Allies, a vast Extent of Empire added to the British Crown, new Sources opened for our Trade and Manufactures, and Stability and Duration ensured, under the Blessings of Providence, to those great and National Advantages, we think it our indispensable Duty to lay before His Majesty this early Testimony of our warmest Gratitude.

"That we are no less sensible of the Prudence and Wisdom which has guided His Majesty's Conduct on this great Occasion, than of the humane Disposition and Paternal Affection to His Subjects, which His Majesty has shewn, in putting a safe and honourable End to a burdensome and expensive War.

"That we shall immediately apply ourselves to improve the Blessings of Peace, by promoting that Œconomy which His Majesty has wisely recommended, and which is so necessary to the Dignity of the Crown, and the Prosperity of these Kingdoms."

Which being objected to:

After long Debate thereupon;

The Question was put, "Whether such an Address shall be presented to His Majesty?"

It was Resolved in the Affirmative.

Order for an Address thereon.

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

Their Lordships, or any Five of them; to meet immediately, in the Prince's 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 Lord Wycombe reported from the Committee an Address drawn by them, as follows:

Address reported.

"Most Gracious Sovereign,

"We, Your Majesty's most dutiful and loyal Subjects, the Lords Spiritual and Temporal in Parliament assembled, beg Leave to return Your Majesty our sincerest Acknowledgements, for the important Communication which Your Majesty has been graciously pleased to make to us of the Preliminary Articles of Peace, concluded the 3d Day of last Month, at Fontainebleau, with the Crowns of France and Spain.

"And to express, in the most dutiful Manner, to Your Majesty, the Satisfaction which we have received at the Foundation laid by these Articles for a Treaty of Peace, which will greatly redound to Your Majesty's Honour, and the real Benefit of Your Kingdoms; and our entire Reliance, that the same Care and Attention will be shewn for the perfecting of this great Work by the Definitive Treaty.

"We think it our indispensable Duty to lay before Your Majesty this early Testimony of our warmest Gratitude; seeing the great Object of the War so fully answered, all proper Attention shewn to Your Majesty's Allies, a vast Extent of Empire added to the British Crown, new Sources opened for the Trade and Manufactures of this Nation, and Stability and Duration insured, under the Blessing of Providence, to those great and National Advantages.

"We are no less sensible of the Prudence and Wisdom which have guided Your Majesty's Conduct on this great Occasion, than of the humane Disposition and Paternal Affection to Your Subjects, which Your Majesty has shewn in putting a safe and honourable End to a burdensome and expensive War.

"We beg Leave to assure Your Majesty, that we shall immediately apply ourselves to improve the Blessings of Peace, by promoting that Œconomy which Your Majesty has wisely recommended, and which is so necessary to the Dignity of the Crown, and the Prosperity of these Your Kingdoms."

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 whole House.

Ordered, That the Lords with White Staves do wait on His Majesty, humbly to know what Time His Majesty will please to appoint to be attended therewith.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Veneris, decimum diem instantis Decembris, hora undecima Auroræ, Dominis sic decernentibus.

DIE Veneris, 10^o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

His Majesty to be attended with the Address.

The Lord Chamberlain reported, "That the Lords with White Staves had (according to Order) waited on His Majesty, humbly to know what Time He would please to appoint to be attended with their Lordships Address; and that His Majesty had appointed this Day, at Two of the Clock, at His Palace of Saint James."

Adjourn.

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

DIE Lunæ, 13^o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

His Majesty's Answer to Address, reported.

The Lord Chancellor reported, "That the House did, on Friday last, present their Address to His Majesty; to which His Majesty was pleased to return the following most Gracious Answer:

"My Lords,

"I return you Thanks, for this very dutiful Address.

"The Satisfaction which you express in the Points agreed by the Preliminary Articles towards a final Pacification is very acceptable to Me.

"In what remains to be done, you may depend upon the utmost Care and Attention, on My Part, to settle every Thing which concerns the Interests of My Kingdoms upon a solid and durable Foundation."

Ordered, That the said Address, and His Majesty's most gracious Answer thereunto, be forthwith printed and published.

L. Lovel takes the Oaths.

John Lord Lovel and Holland 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 produced a Certificate of his receiving the Sacrament, to the Truth whereof Witnesses were sworn and examined.

Malt Bill.

A Message was brought from the House of Commons, by the Chancellor of the Exchequer 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-three;" to which they desire the Concurrence of this House.

Mr Fox's Bill; to qualify for an Office in Ireland.

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

With a Bill, intituled, "An Act to enable the Right Honourable Henry Fox to take, in Great Britain, the Oaths of Office, as Writer of the Tallies and Counter Tallies, and Clerk of the Pells, in the Receipt of the Exchequer in the Kingdom of Ireland, and to qualify himself for the Enjoyment of the said Offices;" to which they desire the Concurrence of this House.

The said Two Bills were read the First Time.

Commissioners of Westminster Bridge; Proceedings 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 Acts of Parliament,

"A State of the Proceedings of the said Commissioners, from the 17th Day of November 1761, to the 7th Day of December 1762, inclusive."

"Accompts of the Treasurer to the said Commissioners, from the 10th Day of October 1761, to the 10th Day of October 1762."

And then he withdrew.

And the Titles thereof being read by the Clerk:

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

Crofton, Leave to appeal, though out of Time.

Upon reading the Petition of Sir Oliver Crofton of Dublin Baronet and Dame Abigail his Wife; setting forth, "That, the Petitioners having been advised to appeal from several Orders of the Court of Chancery in Ireland, made in Favour of George Connor Gentleman, they lately transmitted their Papers to their Agent in Great Britain, to prepare and present an Appeal accordingly; that, by contrary Winds, the Petitioners final Directions did not arrive in Time for the Petitioners Counsel to prepare their Appeal within the Fourteen Days limited by the Order of this House for receiving Appeals; and therefore praying their Lordships Indulgence, that they may be at Liberty now to present their said Appeal:"

It is Ordered, That the Petitioners be at Liberty to present their said Appeal, as desired.

Crofton & Ux. against Connor.

Accordingly, upon reading the Petition and Appeal of Sir Oliver Crofton of Dublin in the Kingdom of Ireland Baronet, and Dame Abigail his Wife; complaining of several Orders of the Court of Chancery in the said Kingdom, of the 9th of July 1753, the 25th of July 1754, the 31st of July 1755, the 12th, 13th, and 21st of July 1759; and praying, "That the said Orders and all other Proceedings of the said Court against the Appellants may be reversed and set aside, or that this House will be pleased to give them such other Relief as to their Lordships shall seem meet; and that George Connor may be required to answer the said Appeal:"

It is Ordered, That the said George Connor may have a Copy of the said Appeal; and do put in his Answer thereunto, in Writing, on or before Monday the 17th Day of January next; and Service of this Order upon his Clerk in Court in the said Court of Chancery in Ireland shall be deemed good Service.

Morgan & al. against E. Winchilsea & al.

Upon reading the Petition of Thomas Morgan Esquire and others Appellants, and of the Right Honourable Daniel Earl of Winchilsea and Nottingham and others Respondents, in a Cause depending in this House, which stands appointed to be heard on Wednesday next; setting forth, "That the Petitioners having, on the 13th of March 1761, entered into an Agreement touching the Matters in Difference between them in this Cause, their Lordships have several Times been pleased to put off the Hearing;" and alleging, That some Differences have arisen touching the Execution of the said Agreement, which the Petitioners hope may be amicably adjusted;" and therefore praying, "That the Hearing of the said Cause may be put off to such Time as their Lordships shall please to appoint:"

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.

V. Meulen's Nat. Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for naturalizing John Vander Meulen."

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. Holford and Mr. Harris:

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

Time limited for receiving Petitions for Private Bills.

Ordered, That this House will not receive any Petition for a Private Bill, after Friday the 25th Day of February next, during this Session of Parliament.

E. of Westmorland takes his Seat.

This Day Thomas Earl of Westmorland sat first in Parliament, after the Death of his Cousin John Earl of Westmorland; his Lordship 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.

Ward against Browne; et è contra.

The House being moved, "That the Hearing of the Cause wherein James Ward is Appellant, and Thomas Browne Esquire is Respondent, et è contra, which stands appointed for the First Cause-day after the Recess at Christmas, may be put off to the Second Cause-day after the Recess:"

It is Ordered, That the Hearing of the said Cause be put off to the Second Cause-day after the Recess.

Lord Charles Spencer & al. against D. of Marlborough & al.

The House being moved, "That the First Causeday after the Recess at Christmas may be appointed, for hearing the Cause wherein the Lord Charles Spencer and others are Appellants, and George Duke of Marlborough and others Respondents:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on the First Cause-day after the Recess.

Counts Leslie against Grant and Orme. et è contra.

The House being moved, "That the Hearing of the Cause wherein Charles Cajetan Count Leslie and others are Appellants, and Peter Grant and David Orme are Respondents, et è contra, which stands appointed for Friday next, be put off to the Third Cause-day after the Recess at Christmas:"

It is Ordered, That the Hearing of the said Cause be put off to the Third Cause-day after the Recess.

Nesbit to enter into a Recognizance on Rochfor's Appeal.

The House being moved, "That Alexander Nesbit Esquire may be permitted to enter into a Recognizance for George Rochfort Esquire, on account of his Appeal depending in this House; he living in Ireland:"

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

Adjourn.

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

DIE Jovis, 16^o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Lord Boyle takes his Seat.

This Day Hamilton Lord Boyle sat first in Parliament, after the Death of his Father John Lord Boyle; his Lordship 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.

Land Tax, Bill.

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

With a Bill, 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-three;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Message from H. C. to return Meyer's Nat. Bill.

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

To return the Bill, intituled, "An Act for naturalizing Jeremiah Meyer;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Fyfield Road, Bill.

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

With a Bill, intituled, "An Act for enlarging the Term and Powers granted by Two Acts of Parliament, of the Sixth and Twelfth Years of His late Majesty's Reign, for repairing the Road from Fyfield in the County of Berks, to Saint John's Bridge in the County of Gloucester, and from an Inn called The Hind's Head in the Parish of Kingston Bagpuze in the said County of Berks, to that Part of Newbridge which stands in the said County of Berks; and for rendering the said Acts more effectual;" to which they desire the Concurrence of this House.

Lemsford Mill Roads, Bill.

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

With a Bill, intituled, "An Act to continue and render more effectual Two Acts of Parliament, for repairing the Roads from Lemsford Mill through Welwyn and Stevenage, and by Cory's Mill to Hitchin, and from Welwyn, through Codicot, to Hitchin in the County of Hertford;" to which they desire the Concurrence of this House.

Wolpman & al. Nat. Bill.

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

With a Bill, intituled, "An Act for naturalizing David Wolpman, John Siri, and Francis Philip Fatio;" to which they desire the Concurrence of this House.

Dunstable Road, Bill.

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

With a Bill, intituled, "An Act to continue and render more effectual Two Acts of Parliament for repairing and widening the Road leading from The Black Bull Inn in Dunstable in the County of Bedford, to the Way turning out of the said Road up to Shafford House in the County of Hertford;" to which they desire the Concurrence of this House.

The Four last-mentioned Bills were severally read the First Time.

Mr. Fox's Bill, to quality for an Office in Ireland.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable the Right Honourable Henry Fox to take, in Great Britain, the Oaths of Office, as Writer of the Tallies and Counter Tallies, and Clerk of the Pells, in the Receipt of the Exchequer in the Kingdom of Ireland, and to qualify himself for the Enjoyment of the said Offices."

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

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

Rybott against Bariell, in Error:

A Petition of Francis Rybott, Plaintiff in Error in a Writ of Error depending in this House, wherein Nathaniel Barrell is Defendant, was presented, and read; setting forth, "That the Petitioner's Agent attended this Day, in order to assign Errors; but an Objection was made, that the Time limited for Assignment of Errors, by the Standing Rule of the House, expired Yesterday;" and praying, "As no Non pros. hath yet been signed, that he may be at Liberty now to assign Errors."

And thereupon the Agents on both Sides were called in, and heard at the Bar.

And being withdrawn:

Plaintiff's Petition rejected:

Ordered, That the said Petition be rejected.

Writ Nonpros'd, with Costs.

Then, upon reading the Petition of the said Nathaniel Barrell Defendant in the said Writ of Error; praying, "In regard the said Plaintiff in Error hath not assigned Errors within the Time limited by the Standing Order of this House, that the said Writ of Error may be Non pros'd, with such Costs as to their Lordships shall seem meet:"

It is Ordered, That the said Petitioner do forthwith enter a Non pros. on the said Writ of Error, as desired; and that the Record be remitted to the Court of King's Bench, to the End Execution may be had upon the Judgement given by that Court, as if no such Writ of Error had been brought into this House; and further, that the Plaintiff in Error do pay, or cause to be paid, to the Defendant in Error, the Sum of Twenty Pounds, for his Costs by reason of the Delay of the Execution of the said Judgement.

Bland against Tonson, in Error:

Upon reading the Petition of Jacob Tonson, Defendant in a Writ of Error brought into this House, wherein Elias Bland is Plaintiff; praying, "In regard the said Plaintiff hath not assigned Errors within the Time limited by the Standing Order of this House, that the said Writ of Error may be Non pros'd, with such Costs as to their Lordships shall seem meet:"

The Writ Non pros'd, with Costs.

It is Ordered, That the said Petitioner do forthwith enter a Non Pros. on the said Writ of Error, as desired; and that the Record be remitted to the Court of King's Bench, to the End Execution may be had upon the Judgement given by that Court, as if no such Writ of Error had been brought into this House; and further, that the Plaintiff in Error do pay, or cause to be paid, to the Defendant in Error, the Sum of Twenty Pounds, for his Costs by reason of the Delay of the Execution of the said Judgement.

Orphans Fund, and London Bridge Accompts, delivered.

The House being informed, "That the Chamberlain of the City of London attended:"

He was called in; and delivered, at the Bar, pursuant to the Directions of Three 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 1762."

"An Accompt of Money received and paid, in Pursuance of the Act to improve, widen, and enlarge, the Passage over and through London Bridge, from the 16th Day of November 1761 (exclusive), to the 10th Day of December 1762 (inclusive)."

"An Accompt of 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 Surrey, from the 5th Day of July 1761 (exclusive), to the 5th Day of July 1762 (inclusive)."

And then he withdrew.

And the Titles thereof being read by the Clerk:

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

Malt Bill.

Hodie 2^a vice lecta est Billa, 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-three."

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.

Ld. Chedworth takes his Seat.

This Day Frederick Henry Lord Chedworth sat first in Parliament, after the Death of his Brother John Lord Chedworth; his Lordship 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.

Petition of Plantier & al. to be added to Wolpman's Nat. Bill.

Upon reading the Petition of David Plantier, William Stafford, and Francis Delon; praying, "That their Names may be inserted in the Bill depending before their Lordships, for naturalizing David Wolpman and others:"

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

Wilson to enter into Recognizance on the Two Appeals of Mackenzie & al.

The House being moved, "That John Wilson of The Middle Temple Gentleman may be permitted to enter into a Recognizance for John Mackenzie and Donald Morison, on account of their Two Appeals depending in this House; they residing in Scotland:"

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

Eyre to enter into a Recognizance on Sir Oliver Croston's Appeal.

The House being moved, "That Francis Eyre of Surrey Street Gentleman may be permitted to enter into a Recognizance for Sir Oliver Croston Baronet and Dame Abigail his Wife, on account of their Appeal depending in this House; they living in Ireland:"

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

Causes removed.

Ordered, That the Hearing of the Cause wherein Richard Cheslyn and Edward Cheslyn are Appellants, and Henry Cresswell and others are Respondents, which stands appointed for Wednesday next, be put off to the 4th Cause-day after the Recess at Christmas; and that the other Causes be removed in Course.

Neal, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of Nathaniel Neal and Elizabeth his Wife; praying Leave to bring in a Private Bill:

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

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act for explaining and amending a Power given by the Marriage Settlement of Nathaniel Neal Gentleman and Elizabeth his Wife; and for making the same more effectual for the Children of that Marriage."

Brebner against Haliburton & al.

Upon reading the Petition and Appeal of Alexander Brebner, Merchant in Portsoy; complaining of certain Interlocutors of the Lord Ordinary in Scotland, of the 5th of July 1759, the 6th of March 1760, the 13th of February and 3d of July 1762; and of an Interlocutor of the Lords of Session, of the 30th of July 1762; and of another Interlocutor of the Lord Ordinary, of the 10th of August 1762; and likewise of Two other Interlocutors of the Lords of Session, of the 11th of August and 24th of November 1762; and praying, That this House will give the Appellant such Relief in the Premises as to their Lordships in their great Wisdom shall seem just; and that John Haliburton and Company, Merchants in Edinburgh, may be required to answer the said Appeal:"

It is Ordered, That the said John Haliburton and Company may have a Copy of the said Appeal; and do put in their Answer thereunto in Writing, on or before Thursday the 13th Day of January next; and Service of this Order upon the Agent or Agents of the said Respondents in the Court of Session in Scotland shall be deemed good Service.

Spottiswoode against Burnett.

Upon reading the Petition and Appeal of John Spottiswoode of Spottiswoode; complaining of Two Interlocutors of the Lords of Session in Scotland, of the 14th of July last, and 8th of this Instant December; and praying, "That the same may be reversed, varied, or altered; or that this House will give the Appellant such other Relief as to their Lordships in their great Wisdom shall seem meet; and that James Burnett of Craigend may be required to answer the said Appeal:"

It is Ordered, That the said James Burnett may have a Copy of the said Appeal; and do put in his Answer thereunto, in Writing, on or before Thursday the 13th Day of January next; and Service of this Order upon any One of his Lawyers or Agents in the Court below shall be deemed good Service.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum effe usque ad et in diem Veneris, decimum septimum diem instantis Decembris, hora undecima Auroræ, Dominis sic decernentibus.

DIE Veneris, 17^o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Mr. Fox's Bill, to quality for an Office in Ireland.

The Earl of Ilchester reported from the Lords Committees to whom the Bill, intituled, "An Act to enable the Right Honourable Henry Fox to take, in Great Britain, the Oaths of Office, as Writer of the Tallies and Counter Tallies, and Clerk of the Pells, in the Receipt of the Exchequer in the Kingdom of Ireland, and to qualify himself for the Enjoyment of the said Offices," 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."

Boon & al. Nat. Bill.

The Lord Willoughby of Parham reported from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing Adolph Boon, James Des Cotes, Anthony Francis Haldimand, Samuel Bouess, and John Werner Faesch," 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."

Land Tax Bill.

Hodie 2^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-three."

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, on Monday next.

Fyfield Road, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers granted by Two Acts of Parliament, of the Sixth and Twelfth Years of His late Majesty's Reign, for repairing the Road from Fyfield in the County of Berks, to Saint John's Bridge in the County of Gloucester, and from an Inn called The Hind's Head in the Parish of Kingston Bagpuze in the said County of Berks, to that Part of Newbridge which stands in the said County of Berks; and for rendering the said Acts more effectual."

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

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

Dunstable Road, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to continue and render more effectual Two Acts of Parliament, for repairing and widening the Road leading from The Black Bull Inn in Dunstable in the County of Bedford, to the Way turning out of the said Road up to Shafford House in the County of Hertford."

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.

Lemsford Mill Road, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to continue and render more effectual Two Acts of Parliament, for repairing the Roads from Lemsford Mill, through Welwyn and Stevenage, and by Cory's Mill to Hitchin, and from Welwyn through Codicot to Hitchin in the County of Hertford."

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.

Plantier & al. take the Oaths for their Naturalization.

David Plantier, William Stafford, and Francis Delon took the Oaths appointed, in order to their Naturalization.

Wolpman & al. Nat. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for naturalizing David Wolpman, John Siri, and Francis Philip Fatio."

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.

Ordered, That the Petition of David Plantier, William Stafford, and Francis Delon; praying, "That their Names may be inserted in the said Bill," be referred to the said Committee.

Commissioners for paving Westminster, Proceedings delivered.

The House being informed, "That Mr. Box, from the Commissioners for paving Westminster, attended:"

He was called in; and delivered, at the Bar,

Copy of the Proceedings of the Commissioners for executing an Act made in the Second Year of His present Majesty's Reign, for paving, cleansing, and lighting, the Squares, Streets, and Lanes, in Westm'r, &c. and of all Contracts and Agreements made by the said Commissioners, to the 16th Day of December 1762, inclusive:

Also, a Copy of the Accompt of the Treasurer to the Commissioners for executing an Act made in the Second Year of His present Majesty's Reign, for paving, cleansing, and lighting, the Squares, Streets, and Lanes, in Westminster, &c. to the 16th of December 1762, inclusive:

"Together with a Copy of the Accompt of the Bank of England, with the said Commissioners, to the same Time."

And then he withdrew.

And the Titles thereof being read by the Clerk:

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

Malt Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee on the 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-three."

After some Time, the House was resumed.

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

Hamersley to enter into Recognizance on Two Appeals of the Countess of Anglesey.

The House being moved, "That Mr. Hugh Hamersley may be permitted to enter into a Recognizance for the Countess of Anglesey, on account of her Two Appeals depending in this House; she residing in Ireland:

It is Ordered, That the said Hugh Hamersley may enter into a Recognizance for the said Appellant, as desired."

Adjourn.

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

DIE Lunæ, 20^o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Malt Bill.

Hodie 3^a vice lecta est Billa, 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 Sixtythree."

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

It was Resolved in the Affirmative.

Mr. Fox's Bill to qualify for an Office in Ireland:

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable the Right Honourable Henry Fox to take, in Great Britain, the Oaths of Office, as Writer of the Tallies and Counter Tallies, and Clerk of the Pells, in the Receipt of the Exchequer in the Kingdom of Ireland, and to qualify himself for the Enjoyment of the said Offices."

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

It was Resolved in the Affirmative.

Boon & al. Nat. Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for naturalizing Adolph Boon, James Des Cotes, Anthony Francis Haldimand, Samuel Bouess, and John Werner Faesch."

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 preceding Bills.

A Message was sent to the House of Commons, by Mr. Edwards and Mr. Bonner:

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

Lemsford Mill, Road Bill.

The Lord Willoughby of Parham reported from the Lords Committees to whom the Bill, intituled, "An Act to continue and render more effectual Two Acts of Parliament, for repairing the Roads from Lemsford Mill through Welwyn and Stevenage, and by Cory's Mill to Hitchin, and from Welwyn through Codicot to Hitchin in the County of Hertford," 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."

Dunstable Road, Bill.

The Lord Willoughby of Parham also reported from the Lords Committees to whom the Bill, intituled, An Act to continue and render more effectual Two Acts of Parliament, for repairing and widening the Road leading from The Black Bull Inn in Dunstable in the County of Bedford, to the Way turning out of the said Road up to Shafford House in the County of Hertford," 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."

Wolpman & al. Nat. Bill.

The Lord Willoughby of Parham also reported from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing David Wolpman, John Siri, and Francis Philip Fatio," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and had also considered the Petition to them referred; and that they had gone through the Bill, and had made some Amendments thereto."

Which Amendments, being read Twice by the Clerk, were agreed to by the House.

Land Tax, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee on the Bill, 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-three."

After some Time, the House was resumed.

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

Aberbrothock Duty on Beer, Bill.

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

With a Bill, intituled, "An Act for continuing an Act passed in the Eleventh Year of His late Majesty King George the Second, intituled, An Act for laying a Duty of Two Pennies Scots, or One Sixth Part of a Penny Sterling, upon every Scots Pint of Ale and Beer which shall be brewed for Sale, brought into, vended, tapped, or sold, within the Town of Aberbrothock and Liberties thereof;" to which they desire the Concurrence of this House.

E. Halifax takes the Oaths, &c.

George Dunk Earl of Halifax 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 produced a Certificate of his receiving the Sacrament, to the Truth whereof Witnesses were sworn and examined.

Sir D. Cunninghame against Wardrobe & al.

After hearing Counsel, upon the Petition and Appeal of Sir David Cunninghame of Livingstone Baronet; complaining of an Interlocutor of the Lords of Session in Scotland, of the 26th of February 1762; and praying, "That the same might be reversed, varied, or altered; or that the Appellant might have such other Relief as to this House in their Lordships great Wisdom should seem meet:" As also upon the Answer of William Wardrobe of Cult, John Warden of Foulshiels, James Waddell of Holehouseburn, John Scott of Easterseat, George White of Torbantrees, and William Meek of Langrig, and others, Heretors and Inhabitants of the Parish of Whitburn, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Interlocuter reveried.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Interlocutor of the 26th of February 1762, complained of in the said Appeal, be reversed: And it is further Ordered, and Adjudged, That the Interlocutor of the said Lords of Session, of the 21st of January 1762, be, and the same is hereby, affirmed.

Hazeland Leave for a Bill, to dissolve his Marriage.

Upon reading the Petition of the Reverend William Hazeland of Hertford in the County of Hertford; praying, "That Leave may be given to bring in a Bill to dissolve his Marriage with Mary Walley, 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.

Urquhart to enter into a Recognizance on Brebner's Appeal.

The House being moved, "That George Urquhart Gentleman may be permitted to enter into a Recognizance for Alexander Brebner, on account of his Appeal depending in this House; 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 a Recognizance on Spottiswoode's Appeal.

The House being moved, "That Henry Davidson Gentleman, may be permitted to enter into a Recognizance for John Spottiswoode, 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.

Adjourn:

Dominus Cancellarius declaravit præsens Parliamentum continuandum effe usque ad et in diem Martis, vicesimum primum diem instantis Decembris, hora undecima Auroræ, Dominis sic decernentibus.

DIE Martis, 21^o Decembris.

REX.

Domini tam Spirituales quam Temporales præsentes 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-three."

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

It was Resolved in the Affirmative.

Lemsford Mill Road, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to continue and render more effectual Two Acts of Parliament, for repairing the Roads from Lemsford Mill, through Welwyn and Stevenage, and by Cory's Mill to Hitchin, and from Welwyn through Codicot to Hitchin in the County of Hertford."

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

It was Resolved in the Affirmative.

Dunstable Road, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to continue and render more effectual Two Acts of Parliament, for repairing and widening the Road leading from the Black Bull Inn in Dunstable in the County of Bedford, to the Way turning out of the said Road up to Shafford House in the County of Hertford."

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

It was Resolved in the Affirmative.

Messages to H. C. that the Lords have agreed to the preceeding Bills.

And Messages were severally ordered to be sent to the House of Commons, by Mr. Bonner and Mr. Graves:

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

Wolpman & al. Nat. Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for naturalizing David Wolpman, John Siri, and Francis Philip Fatio."

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

It was Resolved in the Affirmative.

Message to H. C. with Amendments to it.

A Message was sent to the House of Commons, by the same Messengers:

To carry down the said Bill; and acquaint them, that the Lords have agreed to the same, with some Amendments, to which their Lordships desire their Concurrence.

The House was adjourned during Pleasure, to robe.

The House was resumed.

Message from thence, to return Wolpman & al. Nat. Bill.

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

To return the Bill, intituled, "An Act for naturalizing David Wolpman, John Siri, and Francis Philip Fatio;" and to acquaint this House, that they have agreed to their Lordships Amendments made thereto.

The House was adjourned during Pleasure.

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 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 the same 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, 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-three."

"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-three."

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

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

"3. An Act to continue and render more effectual Two Acts of Parliament, for repairing and widening the Road leading from The Black Bull Inn in Dunstable in the County of Bedford, to the Way turning out of the said Road up to Shafford House in the County of Hertford."

"4. An Act to continue and render more effectual Two Acts of Parliament, for repairing the Roads from Lemsford Mill, through Welwyn and Stevenage, and by Cory's Mill, to Hitchin, and from Welwyn, through Codicot, to Hitchin in the County of Hertford."

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

"Le Roy le veult."

"5. An Act to enable the Right Honourable Henry Fox to take, in Great Britain, the Oaths of Office, as Writer of the Tallies and Counter-Tallies, and Clerk of the Pells, in the Receipt of the Exchequer in the Kingdom of Ireland, and to qualify himself for the Enjoyment of the said Offices."

"6. An Act for naturalizing Jeremiah Meyer."

"7. An Act for naturalizing John Vander Meulen."

"8. An Act for naturalizing Adolph Boon, James Des Cotes, Anthony Francis Haldimand, Samuel Bouess, and John Werner Faesch."

"9. An Act for naturalizing David Wolpman, John Siri, Francis Philip Fatio, David Plantier, William Stafford, and Francis Delon."

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

Soit fait comme il est desiré."

Then His Majesty was pleased to retire; and the Commons withdrew.

The House was adjourned during Pleasure, to unrobe.

The House was resumed.

Bp. of Lincoln to preach on 31st of Jan.

Ordered, That the Lord Bishop of Lincoln be, and he is hereby, desired to preach before this House, in the Abbey Church, Westminster, on Monday the 31st Day of January next.

Hazeland's Divorce, Bill.

The Lord St. John of Bletsoe (pursuant to Leave given Yesterday) presented to the House a Bill, intituled, An Act to dissolve the Marriage of William Hazeland Clerk with Mary Walley 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 Thursday the 3d Day of February next; and that Notice thereof be fixed on the Doors of this House; and the Lords to be summoned; and that the said William Hazeland 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 Mary Walley may have a Copy of the said Bill; and that Notice be given her of the said Second Reading; and that she be at Liberty to be heard, by her Counsel, what she may have to offer against the said Bill, at the same Time.

Neal's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for explaining and amending a Power given in the Marriage Settlement of Nathaniel Neal Gentleman and Elizabeth his Wife; and for making the same more effectual, for the Benefit of the Children of that Marriage."

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

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

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Jovis, vicesimum diem Januarii jam prox. sequen. hora undecima Auroræ, Dominis sic decernentibus.