House of Lords Journal Volume 32: November 1767

Anno 8^o Georgii Tertii.

Die Martis, 24^o Novembris, 1767, Annoque Regni Serenissimi Domini Nostri Georgii Tertii, Dei Gratia, Magna Britannia, Francia, Hib'niæ Regis, Fidei Defensoris, &c. Octavo; in quem Diem hæc Septima Sessio Parliamenti, per separalia Adjournamenta & Prorogationes, continuata fuerat, in Superiori Domo Parliamenti Magnæ Britanniæ apud Westmonaster. convenere, Domini tam Spirituales quam Temporales, quorum Nomina subscribuntur, & præsentes fuerunt:

REX

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

Who being come, with their Speaker; His Majesty was pleased to speak as follows:

His Majesty's Speech.

My Lords, and Gentlemen, I have chosen to call you together at this Season of the Year, that My Parliament might have full Time for their Deliberations upon all such Branches of the public Service as may require their immediate Attention, without the Necessity of continuing the Session beyond the Time most suitable to My People for the Election of a New Parliament; and I doubt not but you will be careful, from the same Considerations, to avoid in your Proceedings all unnecessary Delay.

Nothing in the present Situation of Affairs Abroad gives Me Reason to apprehend, that you will be prevented by any Interruption of the public Tranquillity from fixing your whole Attention upon such Points as concern the internal Welfare and Prosperity of My People.

Among these Objects of a Domestic Nature, none can demand a more speedy or more serious Attention, than what regards the high Price of Corn, which, neither the salutary Laws passed in the last Session of Parliament, nor the Produce of the last Harvest, have yet been able so far to reduce as to give sufficient Relief to the Distresses of the poorer Sort of My People. Your late Residence in your several Countries must have enabled you to judge whether any farther Provisions can be made conducive to the Attainment of so desirable an End.

Gentlemen of the House of Commons,

I will order the proper Officers to lay before you the Estimates for the Service of the ensuing Year.

The Experience I have had of your constant Readiness to grant Me all such Supplies as should be found necessary for the Security, Interest, and Honour of the Nation (and I have no other to ask of you), renders it unnecessary for Me to add any Exhortations upon this Head; and I doubt not but the same public Considerations will induce you to, persevere with equal Alacrity, in your Endeavours to diminish the National Debt, while on My Part no Care shall be wanting to contribute, as far as possible, to the Attainment of that most essential Object, by every frugal Application of such Supplies as you shall grant.

My Lords, and Gentlemen,

The Necessity of improving the present general Tranquillity to the great Purpose of maintaining the Strength, the Reputation, and the Prosperity of this Country, ought to be ever before your Eyes. To render your Deliberations for that Purpose successful, endeavour to cultivate a Spirit of Harmony among yourselves. My Concurrence in whatever will promote the Happiness of My People, you may always depend upon; and in that Light, I shall ever be desirous of encouraging Union among all those who wish well to their Country.”

Then His Majesty was pleased to retire;

And the Commons withdrew.

The House was adjourned during Pleasure to unrobe.

The House was resumed.

PRAYERS.

Duke of Gordon and Earl of Strathmore returned as Scots Peers.

This Day the Deputy Clerk of the Crown in Chancery delivered in a Certificate of the Names of the Peers of Scotland, who, by virtue of His Majesty's Proclamation, are chosen to sit and vote in this House, in the Room of James Earl of Moray and John Earl of Hyndford, deceased, which was read as follows:

May it please your Lordships,

We do hereby certify, That by virtue of His Majesty's Royal Proclamation, dated the Fifth Day of August One thousand seven hundred and sixty-seven, a Certificate under the Hands and Seals of Thomas Gibsone and Alexander Tait, Esquires, Two of the Principal Clerks of Session attending the Election after mentioned, in virtue of the Lord Clerk Register's Commission to them granted, hath been delivered into the Crown Office in Chancery, whereby it appears, That his Grace, Alexander Duke of Gordon, and the Right Honourable John Earl of Strathmore, were elected and chosen to sit and vote in the House of Peers, in this present Parliament, in the Room of James Earl of Moray and John Earl of Hyndford, deceased. Given under our Hands this Twenty-fourth Day of November 1767.

“Charles Yorke, John Yorke, Clerk of the Crown in Chancery.”

Bill pro Forma read.

Hodie 1^a vice lecta est Billa, intituled, “An Act for the better regulating of Select Vestries.”

E. of Doncaster and Lord Montague take their Seats.

This Day Henry Earl of Doncaster, sat first in Parliament; his Lordship having, at the Table, first taken the Oaths, and made and subscribed the Declaration, and also taken and subscribed the Oath of Abjuration, pursuant to the Statutes.

As did also,

Anthony Viscount Montague.

Garter King of Arms delivered in the Pedigrees of these Two Lords at the Table, pursuant to the Standing Order.

His Majesty's Speech reported

The Lord Chancellor reported His Majesty's Speech:

And the same being read by the Clerk;

Motion for Address on His Majesty's Speech.

Ordered, That an humble Address be presented to His Majesty “To return His Majesty the Thanks of this House for His Most Gracious Speech from the Throne.

To acknowledge our grateful Sense of His Majesty's tender Regard and Concern for His People, in assembling His Parliament at such a Season, as, whilst it provides for the Convenience of the People, will allow sufficient Time for our Deliberations on the Several Branches of the public Service that may require our immediate Attention, and to assure His Majesty, that it shall be our hearty Desire to forward His Majesty's Most Gracious Purpose, by avoiding in our Proceedings all unnecessary Delay.

To express our Satisfaction in the Prospect of the Continuance of the general Tranquillity, and our Resolution to give, at a Time so favorable for such Considerations, our strictest Attention to all those Objects that may more immediately affect the internal Welfare and Happiness of the People.

To assure His Majesty that our earnest Endeavours shall not be wanting for the Relief of the Distresses which the Poor labour under from the high Price of Corn, if any further Provisions can be made conducive to so desirable an End.

To congratulate His Majesty on the safe Delivery of the Queen, and the Birth of a Prince; assuring His Majesty of our unfeigned Joy on any Increase of His domestic Felicity; at the same Time that we consider every Addition to His illustrious House, as a further Security of our Religious and Civil Liberties.

To condole with His Majesty on the Death of His Royal Highness the Duke of York, and to testify our sincere Concern for the Loss of a Prince, whose Virtues and amiable Qualities, as they distinguished his Life, will ever be held in the most grateful Remembrance.

“To assure His Majesty, that, being fully sensible of the Necessity of improving the present Tranquillity, to the Purpose of maintaining the Strength, the Reputation, and Prosperity of this Country, we will chearfully contribute, on our Part, to the Success of such Measures as shall be thought most expedient for the Attainment of that great End; and that with this View, we shall endeavour to cultivate that Spirit of Harmony and Union which His Majesty, in His paternal Care for the Happiness of His People, has most graciously recommended from the Throne, and on which the Success of our Councils, and the Public Welfare so essentially depend.”

Then the Lords following were appointed a Committee to prepare an Address, pursuant to the said Order.

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 Earl of Macclesfield reported from the Committee an Address drawn by them as follows; (videlicet).

Most Gracious Sovereign.

Address reported and agreed to.

We, Your Majesty's most dutiful and loyal Subjects the Lords Spiritual and Temporal in Parliament assembled, return Your Majesty our humble Thanks for Your Most Gracious Speech from the Throne.

We acknowledge with Gratitude Your Majesty's tender Regard and Concern for Your People in assembling the Parliament at such a Season, as, whilst it provides for the Convenience of Your People, will allow sufficient Time for our Deliberations on the several Branches of the Publick Service that may require our immediate Attention; and we beg Leave to assure Your Majesty that it shall be our hearty Desire to forward Your Majesty's most Gracious Purpose, by avoiding in our Proceedings all unnecessary Delay.

We sincerely rejoice in the Prospect of the Continuance of the general Tranquillity; and it is our firm Resolution to give, at a Time so favorable for such Considerations, our strictest Attention to all those Objects, that may more immediately affect the internal Welfare and Happiness of Your People.

We assure Your Majesty, that our earnest Endeavours shall not be wanting for the Relief of the Distresses which the Poor labour under from the high Price of Corn, if any further Provisions can be made conducive to so desirable an End.

Permit us, Sir, to congratulate Your Majesty on the safe Delivery of the Queen, and the Birth of a Prince, and to assure Your Majesty of our unfeigned Joy on any Increase of Your domestic Felicity; at the same Time, that we consider every Addition to your illustrious House, as a further Security of our Religious and Civil Liberties.

We beg Leave to condole with Your Majesty on the Death of His Royal Highness the Duke of York, and to testify our sincere Concern for the Loss of a Prince, whose Virtues and amiable Qualities, as they distinguished his Life, will ever be held in the most grateful Remembrance.

“Your Majesty may be assured, that, being fully sensible of the Necessity of improving the present Tranquillity, to the Purpose of maintaining the Strength, the Reputation, and Prosperity of this Country, we will chearfully contribute, on our Part, to the Success of such Measures as shall be thought most expedient for the Attainment of that great End; and that, with this View, we shall endeavour to cultivate that Spirit of Harmony and Union which Your Majesty, in Your paternal Care for the Happiness of Your People, has most graciously recommended from the Throne, and on which the Success of our Councils, and the public Welfare so essentially depend.”

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.

Congratulatory Message to the Queen on the Birth of a Prince.

Ordered, That a Message be sent from this House to the Queen, “to congratulate Her Majesty on the Birth of a Prince, and upon Her Majesty's happy Recovery; and to assure Her Majesty of our sincere Joy in this Addition to Her domestic Felicity, and in the Increase of that illustrious House, from which these Kingdoms have received the most important Benefits.”

Ordered, That the said Message be presented to Her Majesty by the Duke of Ancaster, and the Earl Cornwallis.

E. Tankerville takes his Seat.

This Day Charles Earl of Tankerville sat first in Parliament, after the Death of His Father Charles Earl of Tankerville; 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.

Garter King at Arms delivered in at the Table His Lordship's Pedigree, pursuant to the Standing Order.

Committee of Privileges.

Lords Committees appointed to consider of the Orders and Customs of this House, and Privileges of Parliament, and of the Peers of Great Britain and Lords of Parliament.

Their Lordships, or any Seven of them, to meet on Monday next, at Ten o'Clock, in the House of Peers, and every Monday after, and to adjourn as they please.

Committee for the Journals.

Lords Sub-Committees appointed to consider the Orders and Customs of this House, and of the Privileges of the Peers of Great Britain and Lords of Parliament, and to peruse and perfect the Journal of this and the last Sessions of Parliament.

Their Lordships, or any Three of them, to meet when, where, and as often as they please.

Stoppages in the Streets, Order to prevent.

The House taking Notice, “That there is such An Interruption by Hackney Coaches, Carts, and Drays, in the Streets and Passages leading to this House that the Lords and others are frequently hindered from coming thereto:”

It is thereupon Ordered by the Lords Spiritual and Temporal in Parliament assembled, That the High Steward of the City of Westminster, or his Deputy, together with the Justices of the Peace of the said City, shall, by their strict Care and Directions to the Constables and other Officers within their Jurisdiction, take special Order, That no empty Hackney Coaches be suffered to make any Stay between Whitehall and the End of Abingdon Street in Westminster, from Twelve of the Clock at Noon until Five of the Clock in the Afternoon of the same Day, during the Sitting of this Parliament; and that no Carriages, Drays, or Carts, be permitted to stop in the Streets and Passages between the End of Market Lane in Pall Mall, and the End of Abingdon Street between the Hours aforesaid; Or to pass through the Old Palace yard from One of the Clock in the Afternoon, until One Hour after the Rising of this House, during the Sitting of this Parliament and that all Carriages, Drays, or Carts, hereby permitted to pass through the said Streets and Passages, be obliged to go One after another, in, the Manner following; (that is to say), All Carriages, Drays, or Carts, going towards Westminster, to keep on the Side of the Street or Passage next to Saint James's Park; and all those going the contrary Way, to keep on the other Side of the Street; and upon no Account whatsoever to presume to go Two or more a-breast, during the Sitting of this Parliament; and herein special Care is to be taken by the said Deputy Steward, Justices of the Peace, Constables, and all other Officers herein concerned, as the contrary will be Answered to this House: And it is further Ordered, That the High Bailiff of the City of Westminster, and the Justices of the Peace for the City and Liberty thereof, or some of them residing in Westminster, be served with the Order of this House made this Day, for the Purposes aforesaid.

Adjourn.

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

Die Mercurii, 25^o Novembris, 1767.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Ross against Mackenzie.

The Answer of Sir Alexander Mackenzie of Gairloch, Baronet, and others, to the Appeal of David Ross, and others; was this Day brought in:

Delany against Tenison.

As was also, the Answer of Alice Tenison to the Appeal of Doctor Delany, Dean of Down in the Kingdom of Ireland.

Campbell against Wilson.

And also, the Answer of William Wilson of Edinburgh, Writer to the Signet, Trustee for Alexander Campbell, to the Appeal of John Campbell.

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 o'Clock, at His Palace of St. James.”

E. Lincoln against Allen.

The House being moved, “That a Day may be appointed for hearing the Cause wherein Henry Earl of Lincoln is Appellant, and Poulton Allen, is Respondent:”

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

Wilson against Campbell. Cross Appeals.

Upon reading the Petition and Cross Appeal of William Wilson Writer to the Signet, Trustee for Alexander Campbell, Heir Male of the old Family of Campbell of Ottar, complaining of an Interlocutor of the Lords of Session in Scotland of the 20th of December 1765, and of certain Parts of Two Interlocutors of the same Lords of the 26th of June and 7th of August 1766, and praying, “That the same may be reversed 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 John Campbell, stiling himself of Ottar, may be required to Answer the said Appeal.”

It is Ordered, That the said John Campbell may have a Copy of the said Appeal, and do put in his Answer thereto in Writing, on or before Wednesday the 23d Day of December next: And Service of this Order upon any One of his Procurators or Agents, in the said Court of Session in Scotland, shall be deemed good Service.

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

Upon reading the Petition and Appeal of John Cholmeley Esquire, John Hopkinson, and George Nidd, complaining of a Decree of the Court of Chancery of the 17th Day of June 1765: And praying, “That the same may be reversed, or that the Appellants may have such other Relief, in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet: And that His Majesty's Attorney General, John Blair, and John Lord Bishop of Lincoln, may be required to answer the said Appeal:”

It is Ordered, That His Majesty's said Attorney General, John Blair, and John Lord Bishop of Lincoln, may have a Copy of the said Appeal; and do put in their Answer, or respective Answers thereunto, in Writing, on or before Wednesday the 9th Day of December next.

O'Donnell against Bigger.

Upon reading the Petition and Appeal of Richard O'Donnell of Manganstown, in the County of Tipperary and Kingdom of Ireland, Esquire, complaining of a Decree of the Court of Chancery in Ireland, of the 13th Day of May 1763; and praying, “That the same may be reversed, or that the Appellant may have such Relief, in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet: And that William Bigger may be required to Answer the said Appeal:”

It is Ordered, That the said William Bigger may have a Copy of the said Appeal; and do put in his Answer thereto, in Writing, on or before Wednesday the 30th Day of December next: And Service of this Order upon the Attorney, Clerk in Court, or Agent of the said Respondent in the said Court of Chancery in Ireland, shall be deemed good Service.

Speirs et al. against Peters, to amend their Appeal.

Upon reading the Petition of Alexander Speirs and others, Appellants, in a Cause depending in this House, to which Thomas and Alexander Peters are Respondents, praying, “In regard they have omitted to make certain Persons Parties to the said Appeal, that they may be at Liberty to amend the same, by making the said Persons Parties thereto:”

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

Pleadings, &c. proved in Four Causes.

The House being informed, “That Walter Sweetman attended in order to deliver in Copies of certain Pleadings and Proceedings in Four Causes; in the First of which, John O'Grady Esquire is Appellant, and John Lord Kinsale is Respondent; in the next, Alice Tenison Widow is Appellant, and Doctor Delany is Respondent; in the next, Richard O'Donnell is Appellant, and William Bigger is Respondent; and in the last, John Earl of Darnley is Appellant, and Hugh Stafford Gentleman 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 Offices in Ireland.”

And then he withdrew.

Douglas against D. Hamilton et al.

Upon reading the Petition and Appeal of Archibald Douglas of Douglas Esquire, and Margaret Duchess Dowager of Douglas, and Charles Duke of Queensberry and Dover, his Curators or Guardians, complaining of an Interlocutor of the Court of Session in Scotland, of the 15th of July, 1767; and praying, “That the same may be reversed, varied, or altered, or that the Appellants may have such other Relief in the Premises, as to their Lordships shall seem just: And that George James Duke of Hamilton, Lord Douglas Hamilton, and their Tutors, Sir Hugh Dalrymple, Dunbar Earl of Selkirk, Basil William Hamilton, Douglas his Son, Sir Robert Menzies of Weem Baronet, John Swinton Esquire of that Ilk, Advocate, and the Heirs or Representatives of the deceased John Earl of Hyndford, may be required to Answer the said Appeal:”

It is Ordered, That the said George James Duke of Hamilton, and the said several Persons last named, may have a Copy of the said Appeal, and do put in their Answer or respective Answers thereunto in Writing, on or before Wednesday the 23d Day of December next: And Service of this Order upon the said Respondents, or upon their known Agents or Solicitors in the said Court of Session in Scotland, shall be deemed good Service.

Goodere against Trevor and Edward Borrett, et e contra.

The House being moved, “That a Day may be appointed for hearing the Cause wherein John Goodere Esquire is Appellant, and Trevor Borrett and Edward Borrett; Esquires, are Respondents, et e contra:”

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.

Adjourn.

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

Die Veneris, 27^o Novembris, 1767.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Earl Darnley against Stafford and Brabazon.

The Answer of Hugh Stafford Gentleman and William Brabazon Esquire, to the Appeal of John Earl of Darnley, was this Day brought in:

Fowler against Boyter et al.

As was also, the Answer of Andrew Boyter, and others, to the Appeal of David Fowler and James Miller.

His Majesty's Answer to Address, reported.

The Lord Chancellor reported, “That the House did, on Wednesday last, present their Address to His Majesty, to which His Majesty was pleased to return the following most gracious Answer, (videlicet).

My Lords.

Your Readiness to provide for the public Services, with the Unanimity and Dispatch so necessary at this Juncture, as well as to avail yourselves of the present general Tranquility, in order to promote the internal Prosperity of My People, is highly agreeable to Me; and I rely upon your Assurances that you will use your Endeavours to relieve the Distresses which the Poor labour under from the high Price of Corn.

I thank you for the Joy you express on the Increase of My Royal Family; and I feel for the Part you take in My Concern for the unexpected Loss of My late Brother the Duke of York.

Ordered, That the Said Address, with His Majesty's most Gracious Answer thereunto, be forthwith printed and published.

Davidson to enter into Recognizance on Ross et al. Appeal.

The House being moved, “That Henry Davidson Gentleman, may be permitted to enter into a Recognizance for David Ross, and others, 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.

Ross et al. against Sir Alex. Mackenzie et al.

A Petition of David Ross, and others, Appellants in a Cause depending in this House, wherein Sir Alexander Mackenzie of Gairloch Baronet, and others, are Respondents, was presented, and read; setting forth, That since presenting the said Appeal, the Question in Issue between the present Parties is substantially decided in Favour of the Petitioners, and consequently supersedes all Occasion of going into further Litigation; and therefore praying, That they may be at Liberty to withdraw their said Appeal.”

And thereupon the Agents on both Sides were called in, and heard at the Bar; and being withdrawn:

Appeal withdrawn with Costs.

Ordered, That the Petitioners be at Liberty to withdraw their said Appeal as desired, upon Payment of Five Pounds Costs to the Respondents.

Keily et al. against Fowler.

Upon reading the Petition of John Fowler, Respondent in a Cause depending in this House, wherein Richard Keily Esquire, and others, are Appellants, setting forth, “That this Cause stands the Sixth for hearing;” and praying, “In regard the Petitioner will not be able to instruct his Counsel, and get his Papers from Ireland by that Time, that the hearing thereof may be put off to such Time as to the House shall seem meet; the Agent for the Appellant having signed the said Petition as consenting thereto:”

It is Ordered, That the hearing of the said Cause be put off till the first Cause Day after the Recess at Christmas.

Cunnyngham against Dalrymple.

A Petition of Daniel Cunnyngham, Appellant in a Cause depending in this House, wherein Hew Dalrymple Esquire is Respondent, was presented, and read; setting forth, “That the Petitioner in the last Session exhibited his Appeal to their Lordships, from Interlocutors of the Lords of Session in Scotland; and the Petitioner is since advised to proceed no further in the Prosecutions of the said Appeal, and therefore praying, that he may be at Liberty to withdraw the same without Costs:”

And thereupon the Agents on both Sides were called in, and heard at the Bar; and being withdrawn:

Appeal dismissed, and Interlocutors affirmed.

Ordered, (by Consent of the Agents signified at the Bar), That the said Petition and Appeal be, and is hereby dismissed this House, without Costs; and that the Interlocutors therein complained of be, and the same are hereby affirmed.

His Majesty's Advocate against D. Gordon et al. Hearing put off till next Session.

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; praying, “In regard the Matters in Dispute between the Parties are under Accommodation, that the hearing of the said Cause may be put off till the next Session of Parliament, the Agent for the Respondents having signed the said Petition, as consenting thereto:”

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

Hartwell et al. against Townshend et al.

The House being moved, “That a Day may be appointed for hearing the Cause wherein Broderick Hartwell Esquire, and others, are Appellants, and the Reverend Richard Townshend Clerk, 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.

Sir John Gordon against Lord Ellibank et al.

Upon reading the Petition and Appeal of Sir John Gordon of Invergordon Baronet, complaining of Two Interlocutors of the Lord Ordinary in Scotland, of the 23d of June and 31st of July 1767, and also of Three Interlocutors of the Lords of Session there, of the 28th and 28th of July, and 11th of August 1767; and praying, “That the same might be reversed, or that the Appellant may have such Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet: And that Patrick Lord Ellibank, William Fraser of Balnain, Roderick MacLeod of Cadboll, Mr. William Pulteney Advocate, Henry Davidson of Tulloch, Charles Urquhart of Braelangwell, Hugh Rose younger of Ailnock, James Crafurd Writer in Edinburgh; William Fraser of Ardochy, David Ross in Cadboll, Mr. David Ross of Inverchasley Advocate, David Ross Commissary Clerk of Ross, Alexander Frazer of Culduthill, and Roderick Mac Lord Writer in Edinburgh, may be required to answer the said Appeal:”

It is Ordered, That the said Patrick Lord Ellibank, and the said several Persons last named, may have a Copy of the said Appeal, and do put in their Answer, or respective Answers thereunto, in Writing, on or before Friday the 26th Day of December next: And Service of this Order upon any of the Procurators or Agents of the said Respondents, in the said Court of Session in Scotland, shall be deemed good Service.

Cunyngham to enter into Recognizance on O'Donnell's Appeal.

The House being moved, “That Timothy Cunyngham Gentleman may be permitted to enter into a Recognizance for Richard O'Donnell Esquire, on account of his Appeal depending in this House, he living in Ireland:”

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

Welby to enter into Recognizance on Cholmley et al. Appeal.

The House being moved, “That William Welby of the Inner Temple Gentleman, may be permitted to enter into a Recognizance for John Cholmley Esquire, and others, on account of their Appeal depending in this House, they living in the Country:”

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

Van Dam Leave for a Nat. Bill.

Upon reading the Petition of Dirk Willem Van Dam, praying Leave 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.

Whereupon, the Lord Delamer presented to the House a Bill, intituled, “An Act for naturalizing Dirk Willem Van Dam.”

The said Bill was read the First Time.

Respondent peremptorily to answer Sir Oliver Crotton's Appeal.

The House being informed, “That George Connor, Respondent to the Appeal of Sir Oliver Crofton Baronet, had not put in his Answer to the said Appeal, though duly served with the Order of this House for that Purpose:”

And thereupon an Affidavit of Richard Waller of the City of Dublin Gentleman, of the due Service of the said Order, being read:

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

Rochfort et Ux. against Loftus, Pleading proved.

The House being informed, “That Edward Wilkins attended in order to deliver in Copies of Pleadings and Proceedings in a Cause depending in this House, wherein George Rochfort, and Alice his Wife, are Appellants, and Henry Loftus Esquire 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 Offices in Ireland.”

And then he withdrew.

Paul Leave for a Bill to take the Name of Saint Paul.

Upon reading the Petition of Judith Paul, Widow of Robert Paul, late of Ewart, in the County of Northumberland Esquire, deceased, “Praying Leave to bring in a Bill, to enable her, and her Issue by the said Robert Paul, to use and take the Name of Saint, in Addition to their own Name of Paul:”

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

Bill read.

Whereupon, the Earl of Marchmont presented to the House a Bill, intituled, “An Act to enable Mrs. Judith Paul, and her Issue, to use and take the Name of Saint Paul.”

The said Bill was read the First Time.

State of the Nation to be considered.

Ordered, That this House do take into Consideration the State of the Nation on Tuesday the 8th Day of December next; and that the Lords be summoned.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, primum diem Decembris, jam prox. sequen. hora undecima Auroræ, Dominis sic decernentibus.