House of Lords Journal Volume 27: December 1749

December 1749

DIE Veneris, 1^o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

Plunket against Wakeley & al.

A Petition of William Plunket, was presented, and read, setting forth, "That his Appeal, to which Thomas Wakeley Esquire and others are Respondents, stands to be heard on Wednesday next, and that the Petitioner's Property is greatly concerned in the Event thereof, and is very desirous to attend the same in Person, and likewise to have the Assistance of his Agent, who conducted his Cause in Ireland," and praying, "That the hearing the same may be adjourned till such convenient Day after the Recess during the ensuing Christmas Holidays as this House shall think sit"

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

And being withdrawn.

Ordered, That the Hearing of the said Cause be put off to the First Day for Causes after the said Recess.

Millar & al against Kincard & al.

Upon reading the Petition and Appeal of Andrew Millar, Daniel Midwinter, William Innys, John Knapton, Paul Knapton, Samuel Birt, Daniel Brown, Thomas Longman, Richard Hett, Charles Hitch, John Shuckburgh, Mary Senex, John Rivington, Francis Gosling, and the Executors of Isaac Clarke, all of London, Booksellers, John Paterson surviving Executor of the last Will and Testament of John Pemberton late of London Bookseller, deceased, and Anne Ward Widow, Administratrix of the Goods and Chattels, Rights and Credits, of Aaron Ward late of London Bookseller, also deceased, and William Elliot Writer in Edinburgh, their Attorney or Factor, complaining of an Interlocutor of the Lords of Session in Scotland, of the 4th of July 1746, and also of Part of an Interlocutor of the same Lords, of the 24th of December following, and likewise of Two Interlocutors of the same Lords, of the 2d of December 1747, and 7th of June 1748, and praying, "That the same may be reversed, varied, or amended, or such other Relief granted the (fn. 1) Appellants as to this House in their great Wisdom and Justice shall seem meet, and that Alexander Kincard, Gavin Hamilton, John Balfour, John Paton, William Drummond, John Trail, William Sands, Gideon Crawford, Laughlan Hunter, Janet Brown, Alexander Brymer, William Hamilton, William Millar, Alexander Dunning, John Yare, Andrew Beveridge, John Aitken, John Barrie, Andrew Stalker, Alexander Carlisle, and Robert Fowlis, and also Alexander Symers, and their Tutors and Curators, if any they have, for their Interest, and also Lilias Dunning, otherwise Drummond, may be required to answer the said Appeal"

It is Ordered, That the several Parties last mentioned may have a Copy or Copies of the said Appeal, and they are hereby required to put in their Answer or respective Answers thereunto, in Writing, on or before Friday the 29th Day of this Instant December, and that Service of this Order on any One of the legal Representatives, Agents, or Procurators, of the said Parties, in the Court below, be deemed good Service.

Bayly against Bayly & al.

This Day being appointed, for hearing the Appeal of Fleming Bayly Gentleman, complaining of a Decree of the Court of Exchequer in Ireland, of the 18th of February 1747, made in a Cause wherein the Appellant was Plaintiff, and John Bayly and Thomas Fleming Esquires were Defendants.

Counsel accordingly on both Sides appeared at the Bar.

And the Appellant's Counsel thereupon desired the said Hearing might be put off, they not being instructed in the Merits of the Cause.

And the Counsel for the Respondents objecting thereto.

They were all directed to withdraw.

Then the Standing Order, of the 22d Day of December 1703, directing, "That no Cause be put off, but upon Petition after Two Days Notice given to the other Side,' and the Standing Order of the 12th Day of January 1724, requiring printed Cases to be delivered to the Clerk, for the Use of the Lords, Two Days before the Hearing, being read.

It was agreed by the House, that the Hearing of the said Cause should come on immediately.

And the Counsel were again called in.

And the Lord Chancellor acquainted them with what their Lordships had determined.

Whereupon the Counsel for the Respondents proceeded shortly to state the Case, and prayed an Affirmance of the said Decree, with Costs.

Which Decree being read.

The Counsel were all a Second Time directed to withdraw.

And being withdrawn accordingly.

Judgement.

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, but without Costs, the Respondents Counsel not pressing for the Payment thereof, in regard that the Appellant is Brother to the Respondent, and is extremely poor.

Maxwell against E Clanrickard.

Whereas Monday next was appointed, for hearing the Cause wherein John Maxwell Esquire is Appellant, and Smyth Earl of Clanrickard Respondent.

It is Ordered, That the Hearing of the said Cause be put off to the Wednesday following.

Ouchterlony to enter into Recognizance for Davidson.

The House being moved, "That George Ouchterlony Merchant in London may be permitted to enter into a Recognizance for James Davidson, on account of his Appeal depending in this House, he being absent"

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

And Ross for Sutherland.

The like Motion and Order was made, for George Ross Gentleman to enter into a Recognizance for William Sutherland, for the like Reason.

Adjourn.

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

DIE Mercurii, 6^o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

Ld Cadogan takes the Oaths.

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

Committees of E Bradford, Leave for a Bill.

After reading, and considering, the Report of the Judges to whom was referred the Petition of the Committees of Thomas Earl of Bradford, a Lunatick, 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 to empower the Committees of Thomas Earl of Bradford, a Lunatick, to lay out Part of his Personal Estate in the Purchase of Lands and Estates of Inheritance, for the Purposes therein mentioned."

Doleman & al Petition referred to Judges.

Upon reading the Petition of Robert Doleman of Pocklington in the County of York Esquire and Ann his Wife, and John Doleman of the City of York, his Younger Brother, praying Leave to bring in a Bill, for Sale of so much of certain Estates, in the said County, in the Petition mentioned, as will be sufficient to pay the Debts now due.

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr Justice Burnett and Mr. Baron Clive, with the usual Directions, according to the Standing Order.

Carter & al against Whitaker.

Upon reading the Petition of William Whitaker Esquire, Defendant in a Writ of Error depending in this House, wherein Robert Carter, James Hamilton, and Andrew Reed, are Plaintiffs, praying, "In regard the said Plaintiffs have 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 their Lordships shall think reasonable"

Writ of Error Non pros d writ Costs.

It is Ordered, That the Petitioner do forthwith enter a Non pros or 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 in that Court, as if no such Writ of Error had been brought into this House And it is hereby further Ordered, That the Plaintiffs in Error do pay, or cause to be paid, to the Defendant in Error, the Sum of Thirty Pounds, for his Costs by reason of the Delay of the Execution of the said Judgement.

Gordon against Gray.

Upon reading the Petition and Appeal of George Gordon of Baledgarno Esquire, complaining of an Interlocutor of the Lords of Session in Scotland, of the 22d of November last, made on the Behalf of William Gray, and praying, "That the same may be reversed, and that the Appellant may have such Relief as to this House in their great Wisdom shall seem meet"

It is Ordered, That the said William Gray may have a Copy of the said Appeal, and he is hereby required to put in his Answer thereunto, in Writing, on or before Wednesday the 3d Day of January next, and that Service of this Order on any One of his Procurators or Agents in Court be deemed good Service.

D Hamilton & al against E Haddington & al.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein James Duke of Hamilton and Brandon and others are Appellants, and Thomas Earl of Haddington and others Respondents"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on the Second Day for Causes after the Recess at Easter.

Maxwell against E Clanrickard.

After hearing Counsel in Part, upon the Petition and Appeal of John Maxwell Esquire, to which Smyth Earl of Clanrickard is Respondent.

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

Adjourn.

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

DIE Jovis, 7^o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

Proceedings of Commissioners of Westminster.

The House being informed, "That a Person from the Commissioners of Westminster Bridge attended"

Bridge delivered.

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

"A State of the Proceedings of the said Commissioners, from December 6th 1748, to November 28th 1749 (both inclusive)"

Also, "Accompts of the Treasurer to the said Commissioners, from September 29th 1748, to September 29th 1749"

And also, "Contracts made by the said Commissioners, from December 6th 1748, to November 28th 1749 (both inclusive)"

And then he was directed to withdraw.

And the Titles thereof being read by the Clerk.

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

Committees, of E Bradford's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to empower the Committees of Thomas Earl of Bradford, a Lunatick, to lay out Part of his Personal Estate in the Purchase of Lands and Estates of Inheritance, for the Purposes therein mentioned"

Ordered, That the said Bill be committed to the Consideration of the Lords following, (videlicet,)

Their Lordships, or any Five of them, to meet on Friday the 22d Day of this Instant December, at Ten o'Clock in the Forenoon, in the Prince's Lodgings near the House of Peers, and to adjourn as they please.

Maxwell against E Clanrickard.

Ordered, That all the Lords who have been present this Session, and are not of the said Committee, be added thereunto.

After hearing Counsel further, in the Cause wherein John Maxwell Esquire is Appellant, and Smyth Earl of Clanrickard Respondent.

It is Ordered, That the further Hearing of the said Cause be adjourned till To-morrow, at One o'Clock; and then to be proceeded in.

Adjourn.

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

DIE Veneris, 8^o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

Maxwell against E Clanrickard.

After hearing Counsel, as well on Wednesday last as Yesterday and this Day, upon the Petition and Appeal of John Maxwell Esquire, complaining of an Order and Decree of the Court of Chancery in Ireland, of the 2d of August 1748, made in certain Causes, wherein Smyth Earl of Clanrickard by his Guardian was Plantiff, and the Appellant Defendant, and wherein the Appeallant was Plaintiff, and the said Earl Defendant, and also complaining of a Decree of the said Court, made the 15th Day of December following, upon re hearing the said Causes, and praying, "That the said Decrees might be reversed or varied, and such further and other Relief given to the Appellants as to this House in their great Wisdom should seem meet" As also upon the Answer of the said Earl put in to the said Appeal, and due Consideration had of what was offered on either Side in this Cause.

Judgement.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That, in Part of the said former Decree, whereby the Appellant is directed to give Security in the Sum of Ten Thousand Pounds, to be approved of by One of the Masters of the said Court, to abide the Decree in the said Causes, the same be so far varied, as that, instead of the Word ["Ten"], the Word ["Five"] be there inserted And it is further Ordered and Adjudged, That, with this Variation, the said Decrees be, and are hereby, affirmed.

Adjourn.

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

DIE Mercurii, 13^o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

D Hamilton & al against E Haddington & al.

A Petition of Thomas Earl of Haddington and others, Respondents to the Appeal of James Duke of Hamilton and others, was presented, and read, setting forth, That, upon the Appellants late Application, this Cause is appointed to be heard on the Second Day for Causes after Christmas, and the Matter in Issue between the Parties is of great Value, and depends on the nice Discussion of the Law of Scotland, whereupon the Petitioners prevailed on Mr Lockhart, who was Counsel for them below, to give them his Assistance as soon as the Term there is over, which cannot be till March next," and praying, "That the Hearing of the said Cause may be put off to any Day after the First Week in that Month, which to this House shall seem most convenient"

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

And being withdrawn.

Petition to lie on the Table.

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

Charteris against His Majesty's Advocate.

Upon reading the Petition and Appeal of Francis Charteris of Amisfield Esquire, complaining of Two Interlocutors of the Lords of Session in Scotland, of the 5th and 18th Days of July last, and praying, "That the same may be reversed and altered, and that William Grant Esquire, His Majesty's Advocate, may be required to answer the said Appeal"

It is Ordered, That His Majesty's said Advocate may have a Copy of the said Appeal, and do put in his Answer thereunto, in Writing, on or before Wednesday the 10th Day of January next, and that Service of this Order on any One of His Majesty's Procurators or Agents in the Court below be deemed good Service.

Land Tax Bill.

A Message was brought from the House of Commons, by Mr Fane 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 Fifty," to which they desire the Concurrence of this House.

Ogier & al Nat Bill.

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

With a Bill, intituled, "An Act for naturalizing Thomas Abraham Ogier and Peter Henry Gauvain," to which they desire the Concurrence of this House.

The said Bills were both read the First Time.

Lefebure & al to be added to it.

Upon reading the Petition of Magdalen Lefebure, Peter Ogier, Lewis Chauvet, and George Stockfleth, praying, That their Names may be inserted in the Bill last mentioned"

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

Annuities, Interest reducing, Bill.

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

With a Bill, intituled, "An Act for reducing the several Annuities which now carry an Interest after the Rate of Four Pounds per Centum per Annum, to the several Rates of Interest therein mentioned," to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Lindegren, Nat Bill.

A Message was brought from the House of Commons, by Sir Peter Thompson and others.

With a Bill, intituled, "An Act for naturalizing Charles Lindegren," to which they desire the Concurrence of this House.

Joly, Nat Bill.

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

With a Bill, intituled, "An Act for naturalizing Henry Joly," to which they desire the Concurrence of this House.

Lavie, Nat Bill.

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

With a Bill, intituled, "An Act for naturalizing Germain Lavie," to which they desire the Concurrence of this House.

The Three last mentioned Bills were all read the First Time.

Adjourn.

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

DIE Jovis, 14^o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

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 Fifty."

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

Annuities, Interest reducing, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for reducing the several Annuities which now carry an Interest after the Rate of Four Pounds per Centum, per Annum, to the several Rates of Interest therein mentioned."

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

Lavie, Nat Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for naturalizing Germain Lavie"

Ordered, That the said Bill be committed to the Consideration of the Lords following, (videlicet,)

Their Lordships, or any Five of them, to meet To-morrow, at the usual Time and Place, and to adjourn as they please.

Lindegren, Nat Bill.

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

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.

Joly, Nat Bill.

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

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.

Lesebure & al take the Oaths to be naturalized.

Magdalen Lefebure, Peter Ogier, Lewis Chauvet, and George Stockfleth, took the Oaths appointed, in order to their Naturalization.

Ogier & al Nat Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for naturalizing Thomas Abraham Ogier and Peter Henry Gauvain"

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 the several Persons, presented to the House Yesterday, praying, "That their Names may be inserted in the last mentioned Bill," be referred to the said Committee.

Ordered, That all the Lords who have been present this Session, and are not of the Committee this Day appointed, be added thereunto.

M^ckenzie to enter into Recognizance for Charteris.

The House being moved, "That Kenneth M^cKenzie of the Parish of Saint Martin in the Fields Gentleman may be permitted to enter into a Recognizance for Francis Charteris Esquire, on account of his Appeal depending in this House, he being in Scotland"

It is Ordered, That the said Kenneth M^cKenzie may enter into a Recognizance for the said Appellant, as desired.

Adjourn.

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

DIE Veneris, 15^o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

Bp of Norwich takes the Oaths.

Thomas Lord Bishop of Norwich took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Lindegren, Nat Bill.

The Earl of Warwick reported from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing Charles Lindegren," 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"

Joly, Nat. Bill.

The same Earl made the like Report from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing Hery Joly,' was committed.

Lavie, Nat. Bill.

The said Earl made the same Report from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing Germain Lavie," was committed.

Ogier & al Nat. Bill.

The same Earl also reported from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing, Thomas Abraham Ogier and Peter Henry Gauvain," 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 made several Amendments thereunto"

Which, 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 upon the Bill, intituled, "An Act for granting an And to His Majesty, by a Land Tax, to be raised in Great Britain, for the Service of the Year One Thousand Seven Hundred and Fifty."

After some Time, the House was resumed.

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

Annuities, reducing Interest, Bill.

The like Proceeding was had, with respect to the Bill, intituled, "An Act for reducing the several Annuities which now carry an Interest after the Rate of Four Pounds per Centum per Annum to the several Rates of Interest therein mentioned"

Adjourn.

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

DIE Martis, 19^o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

Earl of Halifax takes the Oaths.

George 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 first delivered a Certificate of his receiving the Sacrament, to the Truth whereof Witnesses were sworn and examined.

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 Fifty"

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

It was Resolved in the Affirmative.

Annuities, Interest reducing, Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for reducing the several Annuities which now carry an Interest after the Rate of Four Pounds per Centum Per Annum to the several Rates of Interest therein mentioned"

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

It was Resolved in the Affirmative.

Lindegren, Nat Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for naturalizing Charles Lindegren"

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

It was Resolved in the Affirmative.

Joly, Nat. Bill.

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

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

It was Resolved in the Affirmative.

Lavie, Nat. Bill.

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

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 preceding Bills.

And Messages were severally ordered to be sent to the House of Commons, by Mr Edwards and Mr. Sawyer

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

Ogier & al Nat Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for naturalizing Thomas Abraham Ogier and Peter Henry Gouvain"

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 former Messengers.

To acquaint them, that the Lords have agreed to the said Bill, with some Amendments, whereunto their Lordships desire their Concurrence.

Hog & al against Hog.

Upon reading the Petition and Appeal of Julia, Mary, Barbara, and Jean Hog, Infants, Daughters of the deceased John Hog Younger of Cammo in the County of Edinburgh, and Sir Philip Musgrave of Edenhall in the County of Cumberland Baronet, Uncle to the said Infants by their Mother, and Henry Serymgeor Writer to the Signet at Edinburgh, Tutor ad Litem to the said Infants, complaining of Part of an Interlocutor of the Lords of Session in Scotland, of the 1st of December 1748, and also of Part of an Interlocutor of the same Lords, of the 12th of July 1749, and likewise of Two subsequent Interlocutors, of the 25th of the same Month, and First of this Instant December, made on the Behalf of John Hog and Margaret his Daughter, and praying, "That the same may be reversed, and such other Relief given the Appellants as to this House in their great Wisdom and Justice shall seem meet"

It is Ordered, That the said John Hog and Margaret his Daughter may have a Copy of the said Appeal; and they are hereby required to put in their Answer or respective Answers thereunto, in Writing, on or before Tuesday the 16th Day of January next, and that Service of this Order on their Counsel or Agents in the Court of Session be deemed good Service.

Home & al of the Presbytery of Duns, Liberty to Appeal.

A Petition of Mr. John Home Moderator, and of the several Ministers and Elders, of the Presbytery of Dunse in Scotland, was presented, and read, setting forth, "That they are advised they are greatly aggrieved by several Interlocutors of the Lord Ordinary and Lords of Session in Scotland, and have prepared an Appeal therefrom, which is signed and ready to be presented to this House, but that the Time for so doing is elapsed," and praying, "That the Petitioners may be now at Liberty to present the same, they having been prevented by unavoidable Delays."

And thereupon the Agent for the Petitioners was called in, and heard at the Bar.

And being withdrawn.

Ordered, That the Petitioners be at Liberty to exhibit their Appeal, as desired.

Adjourn.

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

DIE Mercurii, 20^o Decembris.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt.

Fredericus Princeps Walliæ.

PRAYERS.

Message from H C to return Ogier & al Nat Bill.

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

To return the Bill, intituled, "An Act for naturalizing Thomas Abraham Ogier and Peter Henry Gauvain," and to acquaint this House, that they have agreed to their Lordships Amendments made thereto.

The House was adjourned during Pleasure, to robe.

The House was resumed.

The King present.

His Majesty, being seated on the Throne, with the accustomed Ceremonies, the Prince of Wales and the Duke of Cumberland (in their Robes) sitting in their respective Places (the Lords being also in their Robes), commanded the Gentleman Usher of the Black Rod to let the Commons know, "That 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 Land Tax Bill and that for reducing the Interest of Money, delivered the same to the Clerk, who brought them to the Table, where the Titles of those and the other Bills ready for the Royal Assent were read, by the Clerk of the Crown, as follow, (videlicet,)

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 Fifty."

"2. An Act for reducing the several Annuities which now carry an Interest after the Rate of Four Pounds per Centum per Annum to the several Rates of Interest therein mentioned."

To these Bills the Royal Assent was pronounced, in these Words, (videlicet,)

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

"3. An Act for naturalizing Thomas Abraham Ogier, Peter Henry Gauvain, and others"

"4 An Act for naturalizing Charles Lindegren"

"5 An Act for naturalizing Henry Joly'

"6 An Act for naturalizing Germain Lavie"

To these Bills the Royal Assent was severally pronounced, 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.

Home & al of the Presbytery of Duns against Hay.

Upon reading the Petition and Appeal of Mr. John Home Minister of Greenlaw Moderator, Mr. William Home Minister at Polwarth, Mr James Laurie Minister at Langtown, Mr Matthew Sandelards Dysart Minister at Eacles and present Clerk, Mr William Home Minister at Fogo, Mr James Hall Minister of The Abbey of St. Bathans, Mr Walter Heart Minister at Bunckle, Mr. Robert Monteith Minister at Long formanis, Mr John Campbell Minister at Crainshaws, David Cockburne Baillie of Langtown and One of the Elders of the Kirk Session thereof, John Bowie Gardener at Redbrands One of the Elders of the Kirk Session of Polwarth, James Watson Dyster in Greenlaw One of the Elders of the Kirk Session thereof, James Dickson in Wallacesorook One of the Elders of the Kirk Session of Eccles, John Brown Taylor in Fogo One of the Elders of the Kirk Session thereof, Peter Sharp Schoolmaster in Longformanis One of the Elders of the Kirk Session thereof, William Bartram Tenant in Crainshaws One of the Elders of the Kirk Session thereof, John Rentoun Dyster in Abbay Walkmiln, One of the Elders of the Kirk Session of Abbay St Bathans, and Mr John Boog Schoolmaster in Lintlaws One of the Elders of the Kirk Session of Brinkle, Ministers and Elders of the Presbytery of Dunse, in Scotland, complaining of several Interlocutors of the Lord Ordinary, of the 28th and 31st of January 1748, and 15th of February following, and also of an Interlocutor of the Lords of Session in Scotland, of the 25th of the same February, made on the Behalf of John Hay of Belton, and praying, "That the said Interlocutors may be reversed and set aside, and that this House will assoilie the Appellants from a Declarator made by the said Hay, to remit the Cause in the Appeal mentioned to the Synod, by him formerly applied to, and that such other Order and Decree may be made, for the Appellants Relief, as to this House in their great Wisdom and Goodness shall seem meet" (fn. 2)

It is Ordered, That the said John Hay may have a Copy of the said Appeal, and he is hereby required to put in his Answer thereunto, in Writing, on or before Wednesday the 17th Day of January next, and that Service of this Order on the Procurator or Doer of the said Respondent in the Court of Session be deemed good Service.

Hamersley to enter into Recognizance for Home & al.

The House being moved, "That Hugh Hamersley of Lincoln's Inn Gentleman may be permitted to enter into a Recognizance for the aforementioned Appellants, they residing in Scotland"

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

Dickinson for Hog & al.

The like Motion and Order was made, for Edward Dickinson of St Clement Danes Gentleman to enter into a Recognizance for Mary Hog and others, for the same Reason.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, decimum diem Januarii Jam prox sequen hora undecima Auroræ, Dominis sic decernentibus.